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School  Laws  of  Iowa 


FROM  THE  CODE  OF  1897 


AS    AMENDED    BY   THE    TWENTY -SEVENTH^  TWENTY- 
EIGHTH  AND  TWENTY-NINTH  GENERAL 
ASSEMBLIES, 


WITH 


NOTES,  FORMS  and  DECISIONS, 


FOR 


THE  USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS 
AND    DIRECTORS. 


EDITION   OF   1902. 


RICHARD  C.  BARRETT, 

Superintendent  bt%f^B^/c  InsirXj^tion 


DES  MOINES: 

B.    MURPHY,    STATE   PRINTER, 
1902 


H 


Each  school  officer,  upon  the  termination  of  his  term 
of  office,  shall  immediately  surrender  to  his  successor  all 
books,  papers  and  moneys  pertaining  or  belonging  to  the 
office,  taking  a  receipt  therefor. 

— Code,  Section -2770. 


•••     !!..••, 


PREFACE 


Section  2624  of  the  Code. authorizes  the  Superintendentjof 
Public  Instruction  to  cause  to  be  printed  every  four  years  all 
school  laws  in  force  up  to  that  time,  with  such  notes,  for^jfe, 
rulings  and  decisions  as  may  be  of  value  to  school  officei!s>i'1n 
the  proper  discharge  of  their  duties,  references  being; ;  ima^ie 
to  previous  laws  amended  or  changed,  so  as  to  indicjat^jjibe 
effect  of  such  amendment  or  change.  jjjjao  av/^I 

As  the  use  of  former  editions  will  be  most  likely ffea  mi ale^.d, 
and  since  each  school  corporation  and  each  school:  direotti^r  is 
entitled  to  receive  a  copy  of  this  law,  it  is  urgexi  thatithj^Iy^e 
of  all  former  editions  be  discontinued.  Since  anbther) edJybifipi 
may  not  be  published  for  four  years,  it  is  earnestly!  ad^?ised 
that'  special  pains  be  taken  to  preserve  every  copyi, of  ^t&is 
edition,  and  that  school  officers  superseded  1  by ifeletct)i<Di]&jjor 
otherwise  will  deliver  to  their  successor&uin  office  I dopife ion 
their  possession.  ^^^^ij  su'j'i'jlh^j  iu't  ^iioii 

The  explanatory  notes  printed  in  connection  with  the  law 
governing  school  corporations  have  been  carefully  revised 
and  in  some  instances  extended  to  include  aiJ^fg^y  fiumber  of 
rulings.  These  notes  are  based  upon  decisions  of  the  supreme 
court,  opinions  of  the  attorney-general,  and  the  decisions  or 
opinions  of  the  superintendent  of  public  instruction.  Since 
the  value  of  the  notes  may  be  considered  to  depend  mainly 
upon  the  source  from  which  the  same  originated,  references 
have,  so  far  as  seemed  necessary,  been  given.  It  is  urged 
that  the  general  authorities  cited  be  consulted  where  more 
extended  information  is  sought.  Reports  of  the  supreme 
court  are  found  in  every  county,  and  may  be  consulted  at  the 
court  house  upon  application  to  the  clerk  of  the  district  court. 

By  school  law  decisions  is  meant  the  decisions  rendered  by 
the  superintendent  of  public  instruction  in  appeal  cases. 
Cases  involving  the  chief  principles  are  contained  in  the  pres- 
ent volume.     A  careful  reading  of  the  same  is  earnestly  urged. 


4      i  v.^^  \.  ^  ^\^  ^    i  PREFACE. 

^'^^^liiarrarig^menfAwe  have  placed  fi^  those  sections  of  the 
law  which  relate  more  particularly  to  the  administration  of 
the  common  schools,  and  second  that  part  of  the  constitution 
which  relates  to  education  in  general  and  the  law  governing 
the  three  educational  institutions,  and  the  establishing  of 
county  high  schools. 

Amendments  to  the  law  relating  to  public  schools  enacted 
by  the  Twenty-seventh,  Twenty-eighth,  and  Twenty-ninth 
General  Assemblies  have  been  incorporated  in  the  sections 
amended,  and  the  sections  or  parts  repealed  omitted,  thus 
making  the  meaning  more  easily  comprehended,  while  the  new 
laws  enacted  by  the  above  named  general  assemblies  have 
been  inserted  immediately  following  section  2837. 

We  commend  to  all  a  careful  study  of  the  entire  volume, 
believing  that  a  more  thorough  knowledge  of  the  law  will 
tend  toward  a  better  administration  of  the  school  system. 

Almost  the  entire  work  of  the  volume  has  been  done  under 
the  direction  of  Mr.  Albert  C.  Ross,  deputy  superintendent  of 
public  instruction,  assisted  by  Hon.  O.  O.  Roe,  an  attorney 
of  Des  Moines,  and  to  them  I  am  under  the  greatest  obliga- 
tions for  efficient  and  conscientious  services  rendered. 

RICHARD  C.  BARRETT, 

Suj)H  Public  Instruction. 
July  10,  1902. 


SCHOOL   LAWS  OF   IOWA. 


THE   SUPERINTENDENT   OF  PUBLIC  INSTRUCTION. 

Section  2621.  Office— records— deputy.  The  superintend- 
ent of  public  instruction  shall  have  an  office  in  the  capitol,  in 
which  shall  be  filed  and  kept  separately  all  papers,  reports 
and  documents  transmitted  to  him  each  year  by  the  several 
county  superintendents,  and  open  to  inspection  by  the  gover- 
nor or  a  committee  of  either  house  of  the  general  assembly 
whenever  required.  He  shall  keep  a  record  of  all  matters 
and  things  done  in  his  office,  which,  together  with  all  other 
papers  and  documents,  at  the  conclusion  of  his  term,  shall  be 
turned  over  to  his  successor.  He  may  appoint  a  deputy,  who 
shall  qualify  in  like  manner  as  his  principal,  and  who,  in  the 
absence  or  inability  of  the  superintendent,  shall  perform  his 
duties.     [C.  '73,  §§  766-7,  770,  1578;  C.  '51,  §§  416,  1078.] 

Sec.  2622.  Duties— teachers'  conventions  and  institutes. 
He  shall  be  charged  with  the  general  supervision  of  all  the 
county  superintendents  and  the  common  schools  of  the  state ; 
may  meet  county  superintendents  in  convention  at  such 
points  in  the  state  as  may  be  most  suitable  for  the  purpose, 
at  which  proper  steps  may  be  taken  looking  toward  securing 
a  more  uniform  and  efficient  administration  of  the  school 
laws.  He  shall  appoint,  upon  the  request  of  county  superin- 
tendents, the  time  and  place  for  holding  teachers'  institutes, 
such  institutes  to  be  called  when  it  is  probable  that  not  less 
than  twenty  teachers  will  be  present,  and  remain  in  session 
not  less  than  six  working  days,  of  which  time  and  place  of 
meeting  he  shall  give  notice  to  the  county  superintendent  of 
the  proper  county.  He  shall  attend  teachers'  institutes  thus 
called  in  the  several  counties  of  the  state,  so  far  as  consistent 
with  his  official  duties,  and  assist  in  their  management  and 
instruction.  He  shall  have  power  to  collect,  publish  and  dis- 
tribute statistical  and  other  information  relative  to  public 
schools  and  education  in  general ;  to  visit  teachers'  associa- 
tion meetings  and  make  tours  of  inspection  among  the  com- 
mon schools  and  other  institutions  of  learning  in  the  state, 
and  may  deliver  addresses  upon  subjects  relative  to  educa- 

Section  2622.     1.     No  teachers'  institute  will  be  appointed  for  less  than  six 
working  days. 


Q  SCHOOL   LAWS   OF   IOWA. 

tion ;  to  prepare,  publish,  and  distribute  blank  forms  for  all 
returns  he  may  deem  necessary,  or  that  may  be  required  by 
law,  of  teachers,  or  school  officers;  to  publish  and  distribute 
annually  leaflets  and  circulars  relative  to  arbor  day,  memorial 
day,  and  other  days  considered  by  him  worthy  of  special  ob- 
servance in  public  schools;  to  prepare  questions  fcr  the  use  oJ 
county  superintendents  in  the  examination  of  applicants  foi' 
teachers'  certificates;  and  to  prepare,  publish,  and  distribute, 
among  teachers  and  school  officers,  courses  of  study  lor  use 
in  the  rural  and  high  schools  of  the  state.  When  any  county 
superintendent  fails  to  make  any  report  as  required  of  him  b}^ 
law  the  superintendent  of  public  instruction  may  appoint  some 
suitable  person  to  perform  such  duties  and  fix  reasonable  com- 
pensation therefor,  which  shall  be  paid  bv  the  delinquent 
county  superintendent.  [28  G.  A.,  ch.  94,  §"1;  C.  73,  §§  1577, 
1584;  C.  '51,  §1080.] 

Sec.  2623.  Opinions — appeals.  He  shall  render  opinions 
in  writing  upon  request  of  any  school  officer  regarding  the 
school  law,  its  administration,  and  the  duty  of  such  officer, 
and  shall  determine  all  cases  brought  before  him  on  appeal 
from  the  decisions  of  the  county  superintendents.  [C.  '73,  § 
1577;  C.  '51,  §  1080.] 

Sec.  2624.  Publication  of  sch' ol  laws.  He  shall  every 
four  years,  if  deemed  necessary,  cause  to  be  printed  and  bound 
in  cloth  all  school  laws  in  force  up  to  that  time,  with  such  notes, 
forms,  rulings  and  decisions  as  may  be  of  value  in  aid  of 
school  officers  in  the  proper  discharge  of  their  duties,  refer- 
ence being  made  to  previous  laws  amended  or  changed,  so  as 
to  indicate  the  effect  of  such  amendment  or  change;  one  copy 
of  which  shall  be  sent  to  each  county  superintendent,  and  one 
to  each  district  and  independent  district  in  the  state,  to 
be  distributed  by  the  several  county  superintendents. 
Volumes  bound  in  paper  covers  shall  be  furnished  to  each 
school  director,  to  be  distributed  by  the  county  superintend- 
ent, which  shall  be  turned  over  by  the  director  to  his  succes- 
sor in  office.  Should  he  deem  it  unnecessary  at  any  time  to 
prepare  a  volume  as  above  provided,  the  superintendent  may 
cause  to  be  published  in  pamphlet  form  such  amendments  to 
the  school  laws  as  have  been  passed  by  the  general  assembly, 
which  shall  be  distributed  in  the  manner  and  to  the  parties 
hereinbefore  provided.  He  may  subscribe  for  a  sufficient 
number  of  copies  of  some  educational  school  paper,  printed 
and  published  in  the  state,  to  furnish  one  to  each  county 
superintendent;  but  no  paper  shall  be  selected  which  will  not 

Section  2Q13.  1.  It  has  been  the  custom  for  many  years  to  anssver  all 
proper  inquiries,  from  whatever  source,  touching  the  construction  and  applica- 
tion of  the  school  laws. 

2.  As  all  correspondence  of  value  must  be  filed  for  preservation,  it  is  obvious 
that  a  request  to  return  a  letter  with  the  reply,  cannot  be  complied  with. 


SCHOOL  LAWS   OF  IOWA.  7 

publish  each  decision  made  by  him  relating  to  the  school  law, 
and  which  he  may  regard  of  general  importance;  and  the  cer- 
tificate of  having  thus  subscribed  shall  be  sufficient  authority 
for  the  auditor  of  state  to  issue  his  warrant  upon  the  state 
treasurer  for  the  amount  of  the  subscription.  [22  G.  A.,  ch. 
59;  18  G.  A.,  ch.  150,  §§  1,  2;  C.  '73,  §§  1579,  1581.] 

Sec.  2625.  Reports.  He  shall  on  the  first  day  of  January 
report  to  the  auditor  of  state  the  number  of  persons  in  each 
county  between  the  ages  of  five  and  twenty-one  years,  and 
biennially  to  the  governor;  which  report  shall  contain  a  state- 
ment of  the  condition  of  the  common  schools  in  the  state,  the 
number  of  school  townships  and  districts  therein ,  number  of 
independent  districts,  number  of  teachers,  number  of  schools, 
number  of  schoolhouses  and  value  thereof,  number  of  persons 
of  school  age,  number  of  scholars  in  each  county  attending 
school  the  previous  year,  number  of  books  in  district  libra- 
ries, the  value  of  all  apparatus  in  schools,  and  such  other  sta- 
tistical information  as  may  be  of  public  importance,  plans 
matured  or  adopted  for  the  more  perfect  organization  and 
efficiency  of  the"  common  schools;  and  any  suggestions  he  may 
deem  important,  regarding  further  legislation,  which  will 
strengthen  the  common  schools  of  the  state.  [22  G.  A.,  ch. 
82,  §  29;  C.  73,  §§  1582-3;  C.  '51,  §1086.] 

Sec.  2626.  Appropriations  for  institutes.  To  defray  the 
expenses  of  county  teachers'  institutes,  there  is  hereby 
appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  set  apart  a  sum  not  to  exceed  fifty  dollars  annually 
for  each  institute  held  in  each  county,  which  sum  the  super- 
intendent shall  receive  from  the  state  treasurer,  upon  the  war- 
rant of  the  state  auditor,  to  be  issued  to  him  upon  his  certifi- 
cate; which  amount,  when  drawn,  shall  be  forthwith  remitted 
to  the  proper  county  superintendent.  If  any  balance  remains 
of  this  sum  after  paying  the  expenses  of  the  institute,  it  shall 
be  covered  into  the  county  treasury  of  the  proper  county  and 
credited  to  the  institute  fund.     [C.  '73,  §  1584.] 

Sec.  2627.  Salary  and  expenses.  The  salary  of  the  super- 
intendent of  public  instruction  shall  be  twenty-two  hundred 
dollars  per  annum,  and  that  of  his  deputy  fifteen  hundred 
dollars,  to  be  paid  monthly  upon  the  warrant  of  the  state 
auditor,  and,  in  addition  thereto,  the  state  superintendent 
shall  receive  three  hundred  dollars  annually,  or  so  much 
thereof  as  may  be  necessary,  to  pay  actual  traveling  expenses 
incurred  in  the  performance  of  official  duties,  to  be  allowed 
upon  an  itemized  and  verified  account  filed  with  the  state 
auditor,  who  shall  draw  his  warrant  upon  the  state  treasurer 
for  the  amount  allowed.  [28  G.  A.,  ch.  94,  §  2;  22  G.  A.,  ch. 
109,  §  1;  21  G.  A.,  ch.  118,  §  5;  C.  "73,  §  3760.] 

Section  2625.     The  word  districts  in  line  six  means  subdistricts. 


G  SCHOOL   LAWS   OF  IOWA. 

THE    BOARD   OF  EDUCATIONAL  EXAMINERS. 

Section  2638.  Members.  The  educational  board  of  exarain- 
'ers shall  consist  of  the  superintendent  of  public  instruction, 
president  of  the  university,  principal  of  the  normal  school, 
and  two  persons  to  be  appointed  by  the  governor,  one  of 
whom  shall  be  a  woman,  the  appointees  to  hold  ofl&ce  for  a 
term  of  four  years  and  be  ineligible  as  his  or  her  successor, 
the  superintendent  of  public  instruction  to  be  by  virtue  of  his 
office  president  of  the  board.     [19  G.  A.,  ch.  167,  §  1.] 

Sec.  2629.  Meatlngs— examinations.  The  board  shall 
meet  for  the  transaction  of  business  at  such  times  and  places 
as  the  president  may  direct,  and  shall  annually  hold  at  least 
two  public  examinations  of  teachers,  at  which  one  member  or 
the  secretary  of  the  board  shall  preside,  assisted  by  not  more 
than  two  qualified  teachers  to  be  selected  by  it.  All  exami- 
nations shall  be  conducted  in  accordance  with  rules  and  reg- 
ulations adopted  by  the  board,  not  inconsistent  with  the  laws 
of  the  state,  and  a  record  shall  be  kept  of  all  its  proceedings. 
It  may  issue  state  certificates  and  state  diplomas  to  such 
teachers  as  are  found  upon  examination  to  possess  a  good 
moral  character,  thorough  scholarship  and  knowledge  of 
didactics  with  successful  experience  in  teaching,  or  with  such 
other  training  and  qualifications  as  the  board  may  require. 
The  examination  for  certificates  and  diplomas  shall  cover 
orthography,  reading,  writing,  arithmetic,  geography,  Eng- 
lish grammar,  bookkeeping,  physiology,  history  of  tho 
United  States,  algebra,  botany,  natural  philosophy,  drawing, 
civil  government,  constitution  and  laws  of  the  state,  and 
didactics;  those  for  diplomas,  in  addition  to  the  foregoing, 
geometry,  trigonometry,  chemistry,  zoology,  geology,  astron- 
omy, political  economy,  rhetoric,  English  literature,  general 
history,  and  such  other  studies  as  the  board  may  require. 
[Same,  §§  2-4.     29  G.  A.,  ch.  114.]     [27  G.  A.,  ch.  95.] 

Sec.  2630.  Special  certificates.  The  educational  board  of 
examiners  may  issue  a  special  certificate  to  any  teacher  of 
music,  drawing,  penmanship,  or  other  special  branches,  or  to 
any  primary  teacher,  of  sufficient  experience,  who  shall  pass 
such  examination  as  the  board  may  require  in  the  branches, 
and  methods  pertaining  thereto,  for  which  the  certificate  is 

Skc.  2630.  1.  In  addition  to  music,  drawing  and  penmanship,  special  cer- 
tificates will  be  granted  in  history,  rhetoric,  literature,  Latin,  German,  French, 
algebra,  geometry,  trigonometry,  and  individual  sciences. 

2.  The  special  state  certificate  is  intended  for  teachers  of  special  branches, 
as  a  recognition  of  professional  skill,  expert  scholarship,  and  successful  experience 
in  teaching  a  particular  subject. 

3.  While  the  candidate  must  possess  complete  and  technical  knowledge  of  the 
special  branch  for  the  teaching  of  which  a  certificate  is  desired,  some  general  edu- 
cation and  culture  will  be  required,  as  a  certificate  cannot  be  granted  on  account 
of  proficiency  in  one  subject  only. 


SCHOOL  LA.WS  OF  IOWA.  9 

sought.  Such  certificates  shall  be  designated  by  the  name  of 
the  branch,  and  shall  not  be  valid  for  any  other  department 
or  branch.  The  board  shall  keep  a  complete  register  of  all 
persons  to  whom  certificates  or  diplomas  are  issued.  [28  G. 
A.,  ch.  96,  §  2;  23  G.  A.,  ch.  22.] 

Sec.  2631.  How  long  valid— revocation — fees.  A  state 
certificate  shall  authorize  the  holder  to  teach  in  any  public 
school  in  the  state  for  ^ve  years  thereafter,  and  a  diploma 
shall  confer  such  authority  for  life;  but  any  certificate  or 
diploma  may  be  revoked  by  the  board  for  sufficient  cause,  or 
such  cause  as  would,  if  known  at  the  time,  have  prevented 
issuance  thereof,  provided  the  holder  of  such  certificate  or 
diploma  shall  have  due  notice,  and  shall  be  allowed  to  be 
present  and  make  his  defense.  For  each  certificate  issued 
the  applicant  shall  pay  three  dollars,  and  for  each  diploma 
five  dollars,  which  may  be  required  before  the  examination  is 
commenced.  If  the  applicant  fails  in  the  examination,  and 
the  fees  have  been  advanced,  one  half  of  the  sum  shall  be 
returned;  all  moneys  obtained  from  this  source  to  be  paid 
into  the  state  treasury.     [19  G.  A.,  ch.  167,  §§  5,  6.] 

Sec.  2632.  Registration.  Each  holder  of  a  state  certifi- 
cate or  diploma  shall  register  the  same  with  the  county 
superintendent  of  the  county  in  which  he  or  she  is  to  teach, 
before  entering  upon  the  work,  and  the  county  superintend- 
ent, in  his  annual  report  to  the  superintendent  of  public 
instruction,  shall  include  therein  an  account  thereof.  [Same, 
§7.] 

4.  The  holder  of  a  special  certificate  will  be  authorized  to  teach  the  branch 
specified,  in  any  public  school  in  the  state  for  a  period  of  five  years. 

5.  The  board  may  also  issue  a  two  year  certificate  as  provided  in   chapter 
115  laws  of  1902. 

Section  2631.  1.  By  order  of  the  board  of  examiners  the  holders  of  state 
certificates  are  authorized  to  teach  only  the  subjects  named  in  the  certificate. 

2.  The  fact  that  a  teacher  holds  a  two  year  county  certificate,  a  state  certifi- 
cate, or  a  state  diploma,  does  nat  in  any  way  exempt  him  from  the  same  obliga- 
tions imposed  by  the  law  upon  other  teachers.  It  is  the  duty  of  all  teachers  to 
attend  the  county  normal  institute  and  to  support  the  county  superintendent  in  all 
measures  calculated  to  improve  the  schools  and  to  advance  the  interests  of  educa- 
tion in  the  county. 

Section  2632.  1.  The  law  requires  every  holder  of  a  state  diploma  or  state 
certificate  to  have  the  same  registered  in  the  office  of  the  county  superintendent 
before  commencing  to  teach  in  such  county.  Such  registration  should  take  place 
annually.  No  fee  is  required.  If  the  holder  does  not  present  the  diploma,  or 
certificate,  for  the  inspection  of  the  superintendent,  that  officer  should  insist  on 
seeing  the  preliminary  certificate,  or  some  other  official  statement  of  the  board  of 
examiners,  and  should  make  his  record  from  such  inspection, 

2.  Holders  of  state  certificates  or  diplomas  are  not  exempt  from  reporting  to 
the  county  superintendent,  or  complying  in  every  respect  with  requirements  made 
of  other  teachers,  except  as  to  examination  for  certificates. 


10  SCHOOL  LAWS   OF   IOWA. 

Sec.  2633.  Account  of  moneys.  The  board  shall  keep  a tt 
accurate  and  detailed  account  of  all  money  received  and 
expended,  which,  with  a  list  of  those  receiving  certificates  or 
diplomas,  shall  be  published  by  the  superintendent  of  public 
instruction  in  his  annual  report.     [Same,  §  9.] 

Sec.  2634.  Compensation.  Each  member  of  the  board, 
and  person  appointed  to  assist  in  conducting  examinations, 
shall  receive  for  the  time  actually  employed  in  such  service 
his  actual  necessary  expenses,  and  those  not  salaried  officers 
shall  be  paid  in  addition  three  dollars  a  day.  The  board  shall 
have  power  to  employ  a  secretary  and  prescribe  his  duties. 
He  shall  receive  a  salary  not  exceeding  $75  a  month  and 
actual  necessary  expenses  while  engaged  in  the  performance 
of  his  duties  at  places  other  than  his  residence.  All  expendi- 
tures authorized  by  this  section  shall  be  certified  by  tht- 
superintendent  of  public  instruction  to  the  auditor  of  state, 
who  shall  draw  warrants  therefor  upon  the  treasurer,  but  not 
to  exceed  the  fees  paid  into  the  treasury  by  the  board.  The 
aggregate  amount  to  be  paid  in  any  one  vear  by  the  board  for 
all  purposes  shall  not  exceed  $1,500.  [27  G.  A.,  ch.  73;  25  G. 
A.,  ch.  36;  19  G.  A.,  ch.  167,  §  8.] 


THE   COUNTY   SUPERINTENDENT. 

Section  2734.  Qualifi.cations— deputy.  The  county  super- 
intendent, who  may  be  of  either  sex,  shall  be  the  holder  of  a 
two  years  certificate  as  provided  for  in  section  twenty-seven 
hundred  and  thirty-seven  (2737)  of  the  Code  issued  by  any 
county  superintendent  in  the  state,  or  a  state  certificate  or 
diploma  and,  shall  during  his  term  be  ineligible  to  the  office 
of  school  director  or  member  of  the  board  of  supervisors.  If 
for  any  cause  he  is  unable  to  attend  to  his  official  duties,  he 
may  appoint  a  deputy,  who  may  act  in  his  stead,  except  in  vis- 
iting schools  and  trying  appeals.  [27  G.  A.,  ch.  85;  16  G.  A., 
ch.  136,  §  2;  G.  '73,  §  1765,  1770;  R.,  §  2069.] 

Sec.  2736.  Duties — examinations.  He  shall  at  all  times 
comply  with  the  directions  of  the  superintendent  of  public 
instruction  in  all  matters  within  that  officer's  jurisdiction,  and 

Section  2734.  1.  A  deputy  of  the  couaty  superintendeat  may  receive  such  a 
reasonable  allowance  for  his  services  as  the  board  of  supervisors  thinks  best.  The 
deputy  must  take  the  same  oath  as  his  principal,  must  give  a  bond,  and  both 
appointment  and  bond  must  be  approved  by  the  board  of  supervisors  before  the 
deputy  may  enter  upon  the  duties  of  his  office.     Code,  section  1186. 

2.  As  to  the  eligibility  of  women  to  the  office  of  county  superintendent,  see 
Huffv.  Cook.  44  Iowa,  639;  Brown  v.  McCoUum,  76  Iowa,  479. 

Section  2735.  1.  The  county  attorney  is  the  legal  adviser  of  the  different 
county  officers.  He  should  be  freely  consulted  on  questions  of  law  upon  which 
the  county  superintendent  is  in  doubt.     Section  2740.     Code,  section  3l2. 


SCHOOL  LAWS  OF   IOWA.  H 

serve  as  the  organ  of  communication  between  him  and 
school  township,  district  or  independent  district  authorities, 
and  transmit  to  them  or  the  teachers  thereof  all  blanks,  cir- 
culars or  other  communications  designed  for  them.  He  may, 
at  his  discretion,  visit  the  different  schools  in  his  county,  aijd 
shall,  upon  the  request  of  a  majority  of  the  directors  of  any 
school  township,  district  or  independent  district,  visit  any 
school  therein,  at  least  once  during  its  term.  On  the  last 
Friday  and  Saturday  in  each  month,  he  shall  meet  and,  with 
such  assistants  as  he  may  select,  examine  all  applicants  for  a 
teacher's  certificate,  and  transact  such  other  business  as  may 
come  before  him.  Such  examination  shall  be  held  at  the 
county  seat  in  a  suitable  room,  which  shall  be  provided  for 
that  purpose  by  the  board  of  supervisors.  Special  examina- 
tions may  be  held  elsewhere  in  the  county  at  the  discretion 
of  the  county  superintendent.  Any  school  officer  or  other 
pei^son  may  be  present  at  any  examination.  [19  G.  A.,  ch. 
161,  §2;  17  G.  A.,  ch.  143;  C.  '73,  §§  1766,  1768,  1774;  R., 
§§  2066,  2068,  2073;  C.  '51,  §  1148.] 

Sec.  2736.  Subject.  The  examination  shall  include  com- 
petency in  and  ability  to  teach  orthography,  reading,  writin^r, 
arithmetic,    geography,    grammar,    history  of    the    United 

2.  The  superintendent  in  his  visits  should  endeavor  to  aid,  instruct,  and  inspire 
teachers  to  employ  the  best  methods  of  teaching,  governing  and  conducting  their 
schools.  He  should  try  to  secure  the  proper  classification  of  pupils,  the  right  use 
of  the  course  of  study  and  school  libraries,  and  due  care  and  protection  of  school 
property.  He  should  study  to  awaken  among  parents  and  children  a  deeper 
interest  in  the  public  schools,  so  as  to  secure  improved  attendance,  deportment 
and  scholarship,  and  induce  more  frequent  visits  of  parents  and  school  officers. 
A  judicious  visit  from  the  superintendent  may  often  infuse  new  life  into  the  sciiool. 

3.  The  county  superintendent  should  carefully  observe  the  condition  of  the 
schoolhouse  and  surroundings,  note  all  defects,  and  at  once  notify  the  director  or 
board  of  the  same. 

4.  Section  2742  gives  boards  of  supervisors  power  to  allow  the  county  super- 
intendent additional  compensation  for  paying  assistants  and  for  any  other  proper 
purpose.  Bills  for  such  service  should  be  filed  by  the  person  performing  the 
same  with  the  board  of  supervisors  for  audit  and  payment. 

5.  Applications  made  at  irregular  times  sh  m\d  be  rejected,  unless  good  reasons 
are  given  for  not  attending  the  regular  examinations.  The  interests  of  the  schools 
do  not  require  frequent  or  individual  examinations,  and  the  time  of  the  superin- 
tendent can  be  more  profitably  employed  in  other  necessary  duties. 

6.  A  certificate  may  not  be  issued  upon  an  examination  taken  in  another 
county.  In  addition  to  furnishing  aay  credentials  or  other  written  evidence  which 
the  examiner  may  require,  the  applicant  must  appear  in  person.  Opinions  of 
Attorney -General . 

7.  When  the  examination  is  completed,  and  the  record  made,  a  subsequent 
appearance  of  the  same  person  must  constitute  him,  in  a  legal  sense,  anew 
applicant  and  subject  to  payment  of  the  legal  fee. 

Section  2736.  1.  Written  examinations  afiEord  a  good  test  of  scholarship,  and 
furnish  the  basis  of  a  permanent  record.  Tne  examination  should  be  thorough, 
to  determine  the  attainments  of  the  applicant  in  the  branches  he  is  to  teach. 


12  SCHOOL   LAWS  OF  IOWA. 

States,  didactics,  and  physiology  and  hygiene,  which  latter,  in 
each  division  of  the  subject,  shall  include  special  reference 
to  effects  of  alcohol,  stimulants  and  narcotics  upon  the 
human  system.  Candidates  for  examination  in  special  stud- 
ies need  be  examined  in  such  branches  only;  but  no  special 
teacher  shall  be  employed  to  teach  any  study  not  included  in 
the  certificate.  A  record  shall  be  kept  of  all  examinations 
made,  and  the  names,  ages  and  residence  of  the  applicants, 
with  the  date  and  result  thereof.  [27  G.  A.,  ch.  86,  §  1;  21 
G.  A.,  ch.  1,  §§  1,  3:  17  G.  A.,  ch.  143;  C.  '73,  §§  1766,  1768;  R., 
§§  2066,  2068;  C.  '51,  §  1148.] 

Sec.  2737.  Certificate— revocation.  If  the  examination  is 
satisfactory,  and  the  applicant  is  of  good  moral  character,  of 
which  fact  the  superintendent  shall  require  proof  unless  he 
has  a  personal  knowledge  thereof,  and  is  in  all  other  respects 
possessed  of  the  necessary  qualifications  as  an  instructor,  a 

2.  It  is  usually  desirable  that  the  work  of  every  applicant  shall  be  filed  with 
the  county  superintendent,  as  a  record  which  will  serve  to  prove  for  the  candidate 
that  he  received  his  certificate  upon  merit. 

3.  Success  in  teaching  the  different  branches  may  be  best  determined  by 
actual  observation  of  the  teacher's  work  in  his  school.  Qaite  often  a  searching 
and  skillfully  conducted  oral  examination  in  methods  will  test  the  applicant's 
»l)ility  to  instruct. 

4.  It  is  the  intention  of  the  law  that  the  study  of  physiology  and  hygiene  with 
Ipecial  reference  to  the  effects  of  alcoholic  stimulants,  narcotics,  and  poisonous 
■ubstances,  shall  have  at  least  equal  rank  with  and  be  considered  of  as  great 
importance  as  other  branches  of  study. 

5.  If  it  is  desired  that  branches  additional  to  those  included  in  the  usual  cer- 
tificate shall  be  taught,  such  fact  should  be  mentioned  as  part  of  the  contract,  and 
in  such  cases  the  teacher  is  expected  to  have  a  certificate  for  such  additional 
branch  or  branches,  before  beginning  to  teach. 

6.  As  no  person  may  give  instruction  in  any  study  for  which  such  person 
does  not  hold  a  valid  certificate,  every  certificate  should  not  fail  to  enumerate  the 
branches  or  subjects  which  the  holder  is  qualified  to  teach.  See  note  14,  §  2775, 
regarding  special  state  and  county  certificates. 

7.  The  record  required  by  this  section  should  b3  carefully  made,  as  the  items 
Conn  a  part  of  the  county  superintendent's  annual  report  to  the  superintendent  of 
public  instruction. 

Section  2737.  1.  County  superintendents  should  remember  that  they  are  to 
inquire,  not  only  into  the  literary  qualifications  of  the  applicant,  but  they  must 
also  certify  that  they  are  satisfied  that  the  applicant  possesses  a  good  moral  char- 
acter, and  the  essential  qualifications  for  governing  and  instructing  children  and 
youth.     Forms  1,  2  and  3. 

2.  Scholarship,  good  moral  character,  ability  to  govern,  aptness  to  teach— 
our  law  requires  all  these  qualifications  in  those  to  whom  are  intrusted  the  high- 
est interests  of  the  state,  the  education  of  its  youth. 

3.  Applicants  may  be  required  to  present  such  evidences  of  good  moral  char- 
acter as  the  county  superintendent  shall  demand.  The  superintendent  should  be 
fully  satisfied  in  every  particular  mentioned  in  the  law,  before  issuing  the  certifi- 
sate.     Decisions,  42.     Forms  1,  2  and  3. 

4.  It  is  discretionary  with  the  superintendent  to  grant  a  certificate,  and  he 
cannot  be  compelled  to  do  so  by  mandamus,     52  lov/a,  1  1. 


SCHOOL  LAWS   OF   IOWA.  ,  13 

certificate  to  that  effect  shall  issue  for  a  term  not  to  exceed 
one  year.  But  to  applicants  passing  an  examination  in  the 
following  additional  branches:  elementary  civics,  elemen- 
tary algebra,  elements  of  physics,  and  elementary  econom- 
ics, a  certificate  shall  issue  for  a  term  of  two  years,  upon 
proof  of  thirty-six  weeks'  successful  experience  in  teaching. 
A  certificate  must  be  revoked  at  any  time,  for  any  cause 
which  would  have  justified  a  refusal  to  grant  the  same,  after 

5.  Unless  the  county  superintendent  is  fully  satisfied  in  all  respects  it  is  his 
plain  duty  to  refuse  to  grant  a  certificate.  The  matter  calls  for  the  exercise  of  a 
careful  discretion,  as  the  moral  character  of  the  teacher  and  his  influenc*  over 
his  school  is  of  greater  importance  than  even  his  literary  qualifications. 

6.  As  an  almost  exceptional  reponsibility  is  placed  upon  the  county  superin- 
tendent by  the  law,  it  is  expected  that  an  applicant  for  a  certificate  will  comply 
cheerfully  with  all  reasonable  and  uniform  requirements,  and  that  he  will  improve 
every  opportunity  to  satisfy  that  officer  as  readily  and  fully  as  possible  as  to  his 
character  and  qualifications.  A  disposition  to  be  mutually  helpful  will  not  fail  to 
be  an  advantage  to  both  the  county  superintendent  and  the  teacher. 

7.  The  county  superintendent  has  no  authority  under  the  law  to  rgnew, 
endorse ,  or  duplicate  a  certificate  either  in  his  own  county  or  one  issued  m  another. 
Opinion  of  Attorney- General.  While  this  is  doubtless  the  law,  it  is  to  be  hoped 
that  any  courtesies  that  can  officially  be  extended  by  county  superintendents  to 
teachers  will  be,  especially  to  those  who  have  by  rich  and  successful  experience 
proven  themselves  worthy  of  every  confidence. 

8.  There  is  no  provision  of  law  for  a  so-called  permit  to  teach.  A  county 
superintendent  may  give  no  other  authority  than  a  certificate. 

9.  After  ascertaining  the  general  attainments  of  a  teacher,  inspection  of  hii 
school  work  should  determine  largely  the  grade  of  certificate. 

10.  A  county  superintendent  is  justified  in  refusing  a  certificate  to  an  appli- 
cant who  is  in  any  way  physically  disqualified  to  govern  and  instruct  children  and 
youth.. 

11.  For  many  years  county  superintendents  have  been  limited  as  to  the  mini- 
mum age  of  those  receiving  certificates.  It  is  believed  that  in  general,  boys  and 
girls  under  eighteen  years  of  age,  may  not  be  expected  to  possess  that  maturity  of 
mind  and  strength  of  character  needed  to  manage  a  school  successfully,  and  to 
determine  wisely  the  many  questions  daily  demanding  an  answer  from  the  teacher. 

12.  A  county  superintendent  may  fix  a  different  minimum  age  not  lower  than 
that  determined  by  the  superintendent  of  public  instruction,  and  may  refuse  to 
grant  a  certificate  to  any  one  below  such  minimum  age. 

13.  The  restriction  regarding  the  minimum  age  of  those  who  may  receivo 
certificates  is  binding  alike  on  all  county  superintendents.  To  make  an  exception 
is  partiality,  besides  being  unfair  to  the  very  la'-ge  number  who  cheerfully  abide 
by  the  regulation. 

14.  A  county  superintendent  may  not  refuse  a  certificate  for  the  single  reason 
that  the  applicant  did  not  attend  the  normal  institute.  But  in  estimating  the 
qualifications  of  an  applicant,  the  county  superintendent  may  give  such  credit  for 
attendance  and  good  work  done  at  the  institute,  teachers'  associations,  and  in  the 
reading  circle,  as  seems  to  him  best. 

15.  It  is  an  excellent  practice  to  give  credit  for  attendance  and  good  work  at 
the  annual  county  institute.  This  credit  may  be  given  in  the  form  of  a  special 
mention,  or  as  an  addition  to  the  general  average. 

16.  Any  plan  that  would  seem  to  indicate  detracting  from  the  ability  of  the 
applicant   is   objectionable,  but  to  magnify  the  value  of  presence  and  activity  in 


14  SCHOOL   LAWS   OF   IOWA. 

an  investigation  of  the  facts,  of  which  Jihe  teacher  shall  have 
personal  notice  and  an  opportunity  to  be  present  and  make 
defense.  The  superintendent  shall  revoke  the  certificate  of 
any  teacher  who  shall  fail  or  neglect  to  comply  with  the  pro- 
visions of  law  relating  to  the  teaching  of  physiology  and 
hygiene,  and  such  teacher  shall  be  disqualified  for  teaching 
in  any  public  school  for  one  year  thereafter.  [27  G.  A.,  ch. 
86,  §  2;  26  G.  A.,  ch.  39;  21  G.  A.,  ch.  1,  §  3;  C.  73,  §§  1767, 
1771;  R.,  §§2067,  2070.] 

Sec.  2738.  Normal  institute.  The  county  superintendent 
shall  hold,  annually,  a  normal  institute  for  the  instruction  of 
teachers  and  those  who  may  desire  to  teach,  and,  with  the 
concurrence  of  the  superintendent  of  public  instruction,  pro- 
cure such  assistance  as  may  be  necessary  to  conduct  the 
same,  at  such  time  as  the  schools  in  the  county  are  generally 
closed.  To  defray  the  expenses  of  said  institute,  he  shall 
require  the  payment  of  a  registration  fee  of  one  dollar  from 
each  person  attending  the  normal  institutes,  and  the  payment 

the  work  of  the  institute  is  to  be  commended.  There  is  a  very  general  sentiment 
favoring  the  employment  of  teachers  who  avail  themselves  of  every  such  means 
of  improvement  and  professional  advancement. 

17.  A  teacher's  certificate  must  be  valid  for  any  school  in  the  county.  It  may 
not  be  addressed  to  a  particular  board  of  directors,  nor  be  confined  in  its  applica- 
tion to  one  school  or  grade  of  schools.  The  teacher  holding  a  certificate  may  be 
employed  by  any  board  of  directors,  and  no  boa^d  may  discredit  such  certificate 
by  refusing  to  accept  it  to  the  full  extent  to  which  it  is  valid. 

18.  The  notice  should  contain  an  explicit  statement  of  the  charges  against 
which  the  teacher  is  expected  to  make  his  defense. 

19.  A  copy  of  the  revocation  should  be  transmitted  to  the  secretary  of  each 
district,  and  the  secretary  should  immediately  notify  the  board  of  the  fact.  The 
teacher  should  also  be  served  with  a  copy.     Form  4. 

20.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refus- 
ing to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehear- 
ing, the  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the 
case  of  an  appeal  from  a  board  of  directors.  If  any  party  is  aggrieved  by  the 
result  of  this  investigation,  an  appeal  may  be  taken  therefrom  to  the  superintend- 
ent of  public  instruction. 

21.  Though  an  appeal  will  lie  in  such  cases,  the  discretion  of  a  county  super- 
intendent in  refusing  or  revoking  a  teacher's  certificate  will  not  be  interfered  with 
by  the  superintendent  of  public  instruction,  unless  it  is  clearly  shown  that  the 
county  superintendent  violated  law  or  abused  discretion.     Decisions,  38  and  60. 

22.  The  same  weight  which  county  superintendents  are  required  to  accord  to 
discretionary  acts  of  boards  will  be  given  by  this  department  to  the  discretion  of 
county  superintendents  in  granting,  refusing,  or  revoking  ceriificates,  and  in 
granting  or  refusing  to  grant  a  rehearing  in  ordinary  cases  of  appeal.  Decis- 
ions, 58 

Section  2738.  1.  The  normal  institute  must  be  held  when  the  public  schools 
are  mostly  closed.  Section  2773  provides  that  no  school  may  be  in  session  during 
a  teacher's  institute,  except  by  written  pern\ission  of  the  county  superintendent. 

2.  County  superintendents  will  determine  the  time  and  place,  and  suggest  the 
names  of  conductor  and  instructors  for  approval.     Form  5. 


SCHOOL  LAWS   OF   IOWA.  I5 

in  all  eases  of  one  dollar  from  every  applicant  for  a  certificate: 
provided  that,  if  the  applicant  is  granted  a  two-years'  certifi- 
cate, he  shall  pay  one  dollar  additional.  He  shall  monthly, 
and  at  the  close  of  each  institute,  transmit  to  the  county 
treasurer  all  moneys  so  received,  including  the  state  appro- 
priation for  institutes,  to  be  designated  the  "institute  fund," 
together  with  a  report  of  the  name  of  each  person  so  con- 
tributing, and  the  amount.  The  board  of  supervisors  may 
appropriate  out  of  the  general  fund  such  additional  sum  as  it 
may  find  necessary  for  the  further  support  of  such  institute. 
All  disbursements  of  the  institute  fund  shall  be  by  warrants 
drawn  by  the  county  auditor,  who  shall  draw  said  warrants 
upon  the  written  order  of  the  county  superintendent,  and  said 
written  order  must  be  accompanied  by  an  itemized  bill  for 
services  rendered  or  expenses  incurred  in  connection  with  the 
institute,  which  bill  must  be  signed  and  sworn  to  by  the  party 
in  whose  favor  the  order  is  made  and  must  be  verified  by  the 
county  superintendent.  All  said  orders  and  bills  shall  be 
kept  on  file  in  the  auditor's  ofiice  until  the  final  settlement  of 
the  county  superintendent  with  the  board  of  supervisors  at 
the  close  of  his  term  of  office.  No  warrant  shall  be  drawn  by 
the  auditor  in  excess  of  the  amount  of  institute  fund  then  in 
the  county  treasury.  The  county  superintendent  shall  fur- 
nish to  the  county  board  of  supervisors  a  certified  itemized 

3.  The  length  of  time  during  which  the  normal  institute  shall  remain  in  session 
is  left  to  the  discretion  of  the  county  superintendent.  It  cannot  be  in  session  less 
than  six  working  days.  See  Sec.  2622.  The  length  of  time  beyond  this  will 
depend  largely  upon  the  condition  of  the  institute  fund. 

4.  If  the  proper  means  are  employed,  the  normal  institute  can  be  rendered 
invaluable  to  teachers.  Young  and  inexperienced  teachers  should  not  expect  to 
receive  certificates,  unless  of  the  lowest  grade,  without  regularly  attending  the 
normal  institute.  The  benefits  to  be  received  should  secure  voluntary  and  general 
attendance. 

5.  A  conductor  of  successful  experience  in  institute  work,  able  to  give  plain, 
practical  instruction  in  methods  of  school  organization,  government  and  teaching, 
should  be  secured  early.  The  other  instructors  should  be  superior  teachers  of 
recent  experience,  and  usually  one  or  more  lady  teachers  should  be  employed. 

6.  County  superintendents  should  have  sufficient  evidence  of  the  abilities  of 
their  instructors  before  engaging  them .  In  all  cases  where  strangers  are  employed, 
references  should  be  required,  and  inquiries  made  at  the  state  department  will 
frequently  secure  the  proper  knowledge. 

7.  The  superintendent  should  be  director,  assuming  the  general  oversight  and 
direction  of  the  institute.  He  is  entitled  to  his  salary  for  any  service  in  connection 
with  the  institute,  as  for  other  official  duties,  but  may  receive  no  part  of  the 
institute  fund. 

8.  These  normal  institutes  are  short  training  schools,  their  object  being  to 
reach  and  correct  the  greatest  defects  found  in  the  schools.  The  superintendent  in 
visiting  schools  should  seek  to  discover  the  most  prominent  defects  and  wants  in 
the  methods  of  instruction.  The  normal  institute  will  afford  effective  means  of 
reaching  and  correcting  these  faults.  The  great  object  is  to  instruct  teachers  how 
to  teach  children. 


16  SCHOOL   LAWS  OF   IOWA. 

account  of  the  receipts  and  disbursements  of  all  moneys 
collected  and  paid  out  by  him  for  a  normal  institute,  which 
account  they  shall  examine,  audit  and  publish  with  their 
proceeding's  next  following  the  holding  of  the  normal  insti- 
tute. The  superintendent  shall  report  to  the  board  of  super- 
visors the  first  of  January  annually  a  summary  of  his  official 
financial  transactions  for  the  previous  year.  [29  G.  A.,  ch. 
123;  27  G.  A.,  ch.  87;  17  G.  A.,  ch.  54;  15'G.  A.,  cb.  57;  C.  '73, 
§  1769.] 

Sec.  2739.  Reports.  The  county  superintendent  shall 
annually,  on  the  first  Tuesday  in  October,  make  a  report  to 
the  superintendent  of  public  instruction,  giving  a  full 
abstract  of  the  several  reports  made  to  him  by  the  secretaries 
and  treasurers  of  school  boards,  stating  the  manner  in  and 
extent  to  which  the  requirements  of  the  law  regarding 
instruction  in  physiology  and  hygiene  are  observed,  and 
such  other  matters  as  he  may  be  directed  by  the  state  super- 
intendent to  include  therein,  or  he  may  think  important  in 
showing  the  actual  condition  of  the  schools  in  his  county. 
At  the  same  time,  he  shall  file  with  the  county  auditor  a 
statement  of  the  number  of  persons  of  school  age  in  each 
school  township  and  independent  district  in  the  county.  He 
shall  also  report,  as  provided  by  law,  to  the  superintendent  of 
the  college  for  the  blind,  the  name,  age,  residence  and  post- 
office  address  of  every  person,  resident  of  the  county,  so 
blind  as  to   be  unable  to  acquire  an  education  in   the  com- 

9.  In  normal  institutes,  efficient  and  earnest  instructors  should  be  employed. 
Charts  and  other  appliances  should  be  amply  provided.  Physicians  and  scientists 
may  be  invited  to  lecture,  and  teachers  should  be  exhorted  to  be  sincere,  fearless 
and  faithful  in  the  discharge  of  their  duty. 

10.  It  is  apparent  that  the  registration  fee  may  not  be  collected  from  any  one 
not  attending  the  normal  institute. 

11.  The  reports  and  payments  to  the  county  treasurer  should  be  made  the  first 
of  each  month,  and  at  the  end  of  the  institute.     Forms  6,7,8  and  9. 

12.  It  is  the  duty  of  the  board  of  supervisors  to  settle  with  the  county  super- 
intendent, at  the  close  of  his  term  of  office,  as  with  other  county  officers,  accord- 
ing to  the  provisions  of  the  law. 

Section  2739.  1.  The  blanks  for  the  annual  report  of  the  county  super- 
intendent, together  with  instructions  for  making  the  report,  are  furnished  by  the 
superintendent  of  public  instruction. 

2.  The  superintendent  should  test  the  accuracy  of  the  treasurers*  reports  by 
consulting  the  books  of  the  county  treasurer.  The  amount  of  the  several  funds 
reported  received  from  the  district  tax,  also  the  amount  received  from  the  semi- 
annual apportionments,  must  agree  with  the  county  treasurer's  receipts. 

3.  All  errors  should  be  corrected.  The  balances  reported  on  hand  in  the  last 
report  from  the  district  treasurer  should  the  following  year  be  correctly  accounted 
for  and  should  form  the  first  item  of  such  report  and  be  designated:  "on  hand  at 
last  report." 

4.  The  abstract  of  the  enumeration  of  children  in  each  district  should  be  made 
with  special  care,  complete  and  accurate;  otherwise  the  county  will  not  obtain  its 
just  proportion  of  the  income  of  the  permanent  school  fund. 


SCHOOL    LAWS   OF   IOWA. 


1' 


raon  schools;  to  the  superintendent  of  the  institution  for  the 
deaf  and  dumb,  with  the  same  detail,  all  persons  of  school  a^e 
whose  faculties  in  respect  to  hearing  or  speaking  are  so  defi- 
cient as  to  prevent  them  from  acquiring  an  education  in  such 
schools;  and  to  the  institution  for  the  feeble  minded,  all  per- 
sons of  like  age  who,  because  of  mental  defects,  are  entitl«-d 
to  admission  thereia.  [21  G.  A.,  ch.  1,  ^  2;  C.  73,  §^  1771, 
1772;  R.,  §  2070.] 

Sec.  2740.  Enforcing  laws.  The  county  superintendent 
shall  see  that  all  provisions  of  the  school  law,  so  far  as  it 
relates  to  the  schools  or  school  officers  within  his  county,  are 
observed  and  enforced,  specially  those  relating  to  the  fencing 
of  schoolhouse  grounds  with  barb  wire,  and  the  introduction 
and  teaching  of  such  divisions  of  physiology  and  hygiene  as 
relate  to  the  effects  of  alcohol,  stimulants  and  narcotics  upon 
the  human  system,  and  to  this  end  he  may  require  the  assist- 
ap.ce  of  the  county  attorney,  who  shall  at  his  request  bring 
any  action  necessary  to  enforce  the  law  or  recover  penalties 
incurred.     [21  G.  A.,  ch.  1,  §  2  ;  20  G.  A.,  ch.  103,  §  2.] 

Sec.  2741.  Penalty.  Should  he  fail  to  make  the  report 
herein  required  of  him  to  the  superintendent  of  public  instruc- 
tion or  the  county  auditor,  he  shall  forfeit  to  the  school  fund 
of  his  county  the  sum  of  fifty  dollars,  to  be  recovered  in  an 
action  brought  by  the  county  for  the  use  of  the  school  fund, 
and  in  addition  shall  be  liable  for  all  damages  occasioned 
thereby.     [C.  '73,  §  1773  ;  R.,  §  2072.] 

Sec.  2742.  Compensation.  He  shall  receive  a  salary  of 
twelve  hundred  and  fifty  dollars  a  year,  and  the  expenses  of 
necessary  office  stationery  and  postage,  and  those  incurred  in 
attendance  upon  meetings  called  by  the  superintendent  of 
public  instruction  ;  claims  therefor  to  be  made  by  verified 
statements  filed  with  the  county  auditor,  who  shall  draw  his 
warrant  upon  the  county  treasurer  therefor  ;  and  the  board 
of  supervisors  may  allow  him  such  further  sum  by  way  of 
compensation  as  may  be  just  and  proper.  [29  G.  A.,  ch.  124  ; 
19  G.  A.,  ch.  161,  §  1 ;  C.  '73,  §  1776  ;  R.,  §  2074.] 

5.  Should  the  district  secretaries  or  treasurers  fail  to  make  their  reports  in 
time,  the  superintendent  should  take  prompt  measures  to  secure  them,  going  after 
them  if  necessary. 

6.  The  blanks  for  the  reports  to  the  different  institutions  should  be  furnished 
by  the  superintendents  in  charge  of  such  institutions. 

Section  2741.  1.  In  addition  to  the  penalty  provided  in  this  section  for  a 
failure  to  make  the  annual  report,  the  delinquent  county  superintendent  is  required 
to  pay  a  reasonable  compensation  to  the  person  whom  the  superintendent  of  public 
instruction  ma>  appoint  to  make  such  report  for  him. 

Sec.  2742.  1.  The  board  of  supervisors  shall  furnish  the  county  superinten- 
dent with  an  office  at  the  county  seat,  together  with  fuel,  lights,  blanks,  books 
and  stationery  necessary  and  proper  to  enable  him  to  discharge  the  duties  of  his 
office,  but  in  no  case  shall  such  officer  be  permitted  to  occupy  an  office  also 
occupied  by  a  practicing  attorney.  Code,  section  468. 
2 


13  SCHOOL    LAWS    OF   IOWA. 

THE  SYSTEM  OP  COMMON  SCHOOLS. 

Section  2743.  School  districts— corporate  powers.  Each 
school  district  now  existing  shall  continue  a  body  politic  as  a 
school  corporation,  unless  hereafter  changed  as  provided  by- 
law, and  as  such  may  sue  and  be  sued,  hold  property,  and  exer- 
cise all  the  powers  granted  by  law,  and  shall  have  exclusive 
jurisdiction  in  all  school  matters  over  the  territory  therein 
contained.  [C.  '73,  §§  1713,  1716;  R.,  §§  2022,  2026;  C.  '51, 
§  il08.] 

Sec.  2744.  Names.  District  townships  now  existing  shall 
hereafter  be  called  school  townships,  subdivisions  of  which 
shall  be  called  subdistricts.  School  corporations  shall  be 
designated  as  follows :  The  school  township  of  (naming  civil 
township),  in  the  county  of  (naming  county),  slate  of  Iowa; 
or,  the  independent  school  district  of  (naming  city,  town  or 
village,  and  if  there  are  two  or  more  districts  therein,  includ- 
ing some  appropriate  name  or  number),  in  the  county  of  (nam- 
ing county),  state  of  Iowa  ;  or,  the  rural  independent  school 
district  of  (some  appropriate  name  or  number),  township  of 
(naming  to«rnship),  in  the  county  of  (namina:  county),  state 
of  Iowa.  [27  G.  A.,  ch.  91,  §  1 ;  C.  '73,  §  1716  ;  R.,  §  2026  ;  C. 
'51,  §  1108.] 

Sec.  2745.  Directors.  The  affairs  of  each  school  corpo- 
ration shall  be  conducted  by  a  board  of  directors,  the  members 
of  which  in  all  independent  school  districts  shall  be  chosen 
for  a  term  of  three  years,  and  in  all  subdistricts  of  school 

2.  It  is  the  intention  of  the  law  that  each  county  superintendent  shall  deter- 
mine the  time  necessary  to  be  employed  in  the  duties  of  his  office,  and  the  division 
of  labor  to  be  made.  Of  course,  specific  duties  are  required,  such  as  making  cer- 
tain reports  at  times  designated,  visiting  a  school  if  requested  by  the  board,  and 
that  he  shall  conform  to  the  instructions  from  the  superintendent  of  public  instruc- 
tion. But  in  general,  he  is  to  decide  for  himself,  as  indicated  in  his  oath  of  office, 
what  means  will  best  advance  the  work  in  his  county. 

Section  2743.  1.  In  boundaries,  school  townships  usually  coincide  with 
civil  townships. 

2.  Section  3936,  Code,  provides  that  a  municipal  or  political  corporation  shall 
not  be  garnished.  However,  the  corporation  may  waive  exemption  from  this 
process.     25  Iowa,  315. 

3.  The  policy  of  our  law  is,  that  the  territory  once  organized  for  school  pur- 
poses must  always  remain  within  some  jurisdiction,  and  that  it  mav  not  be 
detached  from  the  jurisdiction  to  which  it  belongs  without  at  the  same  time 
becoming  a  separate  jurisdiction  or  a  part  of  another  jurisdiction  for  school  pur- 
poses.    82  Iowa,  10.     Decisions,  28  and  49. 

Section  2744.  1.  A  subdistrict  is  not  a  corporation,  and  hence  can  neither 
hold  property  nor  perform  any  corporate  act.     Decisions,  11. 

2.  In  suits,  contracts  and  conveyances,  the  corporate  name  should  be  strictly 
observed . 

3  At  their  annual  meeting,  the  electors  of  any  rural  independent  school  dis- 
trict may  vote  by  ballot  to  change  the  name  of  the  district,  and  the  board  will  bs 
guided  by  this  expressed  wish. 


SCHOOL    LAWS   OF   IOWA.  19 

to  WD  ships  for  a  term  of  one  year.  [26  G.  A.,  eh.  40;  18  G.  A., 
eh.  143;  17  G.  A.,  eh.  113;  15  G.  A.,  eh.  27;  C.  '73,  §  1802;  R., 
§§  2099,  2100,  2106.] 

Sec.  2746.  Annual  meeting  of  corporation.  A  meeting  of 
the  voters  of  each  school  corporation  shall  be  held  annually 
on  the  second  Monday  in  March  for  the  transaction  of  the 
business  thereof.  Notice  in  writing  of  the  place,  day,  and 
hours  during  which  the  meeting  will  be  in  session,  specifying 
the  number  of  directors  to  be  elected,  and  the  terms  thereof, 
and  such  propositions  as  will  be  submitted  to  and  be  deter- 
mined by  the  voters,  shall  be  posted  by  the  secretary  of  the 
board  in  at  least  five  public  places  in  said  corporation,  for 
not  less  than  ten  days  next  preceding  the  day  of  the  meet- 
ing. The  president  and  secretary  of  the  board,  with  one  of 
the  directors,  shall  act  as  judges  of  the  election.  If  any 
judge  of  election  is  absent  at  the  organization  of  the  meeting, 
the  voters  present  shall  appoint  one  of  their  number  to  act  in 
his  stead.  The  judges  of  election  shall  issue  certificates  to 
the  directors  elected.  [19  G.  A.,  ch.  51;  18  G.  A.,  ch.  7,  §  1; 
18  G.  A.,  ch.  63;  C.  '73,  §§  1717,  1719;  R.,  §§2027-8,  2031, 
2033;  C  '51,  §§  1111,  1114-15  ] 

Sec.  3747.  Electors.  To  have  the  right  to  vote  at  a 
school  meeting  a  person  must  have  the  same  qualifications  as 
for  voting  at  a  general  election,  and  must  be  at  the  time  an 
actual  resident  of  the  corporation  or  subdistrict.  In  any 
election  hereafter  held  in  any  school  corporation  for  the  pur- 
pose of  issuing  bonds  for  school  purposes  or  for  increasing 
the  tax  levy,  the  right  of  any  citizen  to  vote  shall  not  be 

v*>ECTiON  2746.  1.  The  meeting  cannot  be  adjourned  to  another  day,  and  must 
be  held  at  the  time  and  in  the  manner  directed  by  the  law. 

2.  Ten  days'  previous  notice  should  be  given  by  the  district  secretary,  but  as 
the  law  fixes  the  day  of  the  meeting,  a  failure  to  give  full  notice,  or  any  notice  at 
all,  though  a  violation  of  the  law,  will  not  invalidate  the  proceedings  of  the 
meeting,  if  one  is  held  at  the  usual  time  and  place.     10  Iowa,  212.     Form  10. 

3.  The  president,  and  secretary,  with  a  director,  are  the  regular  officers  of 
this  meeting,  and  should  act  as  such  if  present.     Form  12. 

4.  It  is  essential  that  the  secretary  make  a  full  and  accurate  record  of  the 
proceedings,  which  should  be  submitted  to  the  president  for  his  approval  at  the 
close  of  the  meeting,  and  afterwards  recorded  in  the  district  records.     Form  11. 

5.  In  any  district  of  5,000  or  more  the  polls  must  be  open  from  nine  a.  m.  to 
seven  p.  m.;  in  all  independent  school  districts  of  less  than  5,000,  the  polls  must 
open  at  one  p.  m.  ,  and  remain  open  at  least  five  hours;  in  all  rural  independent 
districts  and  in  school  townships  the  polls  must  open  at  one  p .  m.,  and  remain 
open  not  less  than  two  hours      Section  2754. 

Section  2747.  1.  To  be  entitled  to  the  rights  of  suflPrage  a  person  must  be  a 
male  citizen  of  the  United  States,  twenty-one  years  of  age,  a  resident  of  the  state 
six  months  next  preceding  the  election,  and  of  the  county  sixty  days.  Constitu- 
tion, article  2,  section  1.     69  Iowa,  368  and  75  Iowa,  220. 

2  The  declaration  of  intention  by  one  who  expects  to  become  fully  natural- 
ized, does  not  entitle  such  person  to  vote.  In  some  states  this  is  a  fact,  but  in 
Iowa  what  is  called  second  papers  must  be  taken  out;  that  is,    an  elector  must  be 


20  SCHOOL    LAWS   OF   IOWA. 

denied  or  abridged  on  account  of  sex,  and  women  may  vote  at 
such  elections  the  same  as  men,  under  the  same  restrictions 
and  qualifications,  so  far  as  applicable.     [25  G.  A.,  ch.  39.] 

Sec.  2743.  Officers— qaliflcations.  A  school  officer  or  mem- 
ber of  the  board  may  be  of  either  sex,  and  must  at  the  time 
of  election  or  appointment  be  a  citizen  and  a  resident  of  the 
corporation  or  subdistrict,  and  over  twenty-one  years  of  age, 
and,  if  a  man,  he  must  be  a  qualified  voter  of  the  corporation 
or  subdistrict.     [16  G.  A.,  ch.  136.] 

Sec.  2749.  Powers.  The  voters  assembled  at  the  annual 
meeting  shall  have  power : 

1.  To  direct  a  change  of  text-books  regularly  adopted  ; 

2.  To  direct  the  sale  or  make  other  disposition  of  any 
schoolhouse  or  site  or  other  property  belonging  to  the  cor- 
poration, and  the  application  to  be  made  of  the  proceeds  of 
such  sale  ; 

3.  To  determine  upon  added  branches  that  shall  be  taught, 
but  instruction  in  all  branches  except  foreign  languages  shall 
be  in  English  ; 

4.  To  instruct  the  board  that  school  buildings  may  or  may 
not  be  used  for  meetings  of  public  interest ; 

5.  To  direct  the  transfer  of  any  surplus  in  the  schoolhouse 
fund  to  the  teachers'  or  contingent  fund  ; 

6.  To  authorize  the  board  to  obtain,  at  the  expense  of  the 
corporation,  roads  for  proper  access  to  its  schoolhouses  ; 

7.  To  vote  a  schoolhouse  tax,  not  exceeding  ten  mills  on 
the  dollar  in  any  one  year,  for  the  purchase  of  grounds,  con- 
struction of  schoolhouses,  the  payment  of  debts  contracted 
for  the  erection  of  schoolhouses,  not  including  interest  on 
bonds,  procuring  libraries  for  and  opening  roads  to  school- 
houses. 

either  a  native  born  citizen,  or  a  naturalized  citizen,  must  be  a  male,  and  not  dis- 
franchised in  any  way  mentioned  by  the  law. 

3.  The  law  confers  upon  women  the  right  to  vote  upon  only  the  matters  dis- 
tinctly mentioned.  They  may  participate  in  a  vote  on  issuing  bonds  for  school 
purposes,  or  a  vote  for  the  purpose  of  increasing  the  tax  levy.  But  they  may  not 
vote  for  members  of  the  board  nor  upon  any  other  matter  than  as  mentioned. 

4.  A  separate  ballot  box  must  be  provided  for  the  ballots  cast  by  women,  and 
a  separate  canvass  made  of  their  votes.     Code,  section  1131. 

Section  2748.  1.  No  person  shall  be  deemed  ineligible  by  reason  of  sex,  to 
any  school  office. 

2.  A  person  cannot  remain  an  officer  or  membpr  of  the  board  and  reside  in 
another  district,  even  though  in  the  same  civil  township. 

Section  2749,  1.  The  voters  have  only  such  powers  as  are  conferred  by  the 
statute,  either  expressly  or  by  reasonable  implication. 

2.  The  voters  of  any  district  when  assembled  at  their  annual  meeting  may 
direct  that  a  schoolhouse  or  tba  schoolhouse  grounds  not  needed  for  public  school 
purposes  may  be  sold,  rented,  leased,  or  the  use  thereof  granted,  for  any  purpose 
that  will  not  interfere  with  the  subsequent  use  or  value  of  such  schoolhouse  prop- 
erty for  public  school  purposes. 


SCHOOL   LAWS   OF   IOWA.  21 

The  board  may,  or,  upon  the  written  request  of  five  voters 
of  any  rural  independent  district,  or  of  ten  voters  of  any 
school  township,  or  of  twenty-five  voters  of  any  city  or  town 
independent  district  having  a  population  of  five  thousand  or 
less,  or  of  fifty  voters  of  any  other  city  or  town  independent 
district,  shall,  provide  in  the  notice  for  the  annual  meeting 
for  submitting  any  proposition  authorized  by  law  to  the  voters. 
All  propositions  shall  be  voted  upon  by  ballot  in  substantially 
the  following    form:    "Shall  a  change    of    text -books   be 

2J^.  Special  attention  is  called  to  the  fact  that  tinder  the  present  law  all 
propositions  before  the  electors  at  their  annual  meeting  must  be  voted  upon  by 
ballot . 

3.  The  voters  may  exercise  their  right  to  dispose  of  schoolhouse  property  only 
when  assembled  at  their  annual  meeting  on  the  second  Monday  in  March,  or  at  a 
special  meeting  called  under  section  2750.  They  may  not  exercise  this  right  at  a 
special  meeting  called  to  vote  bonds 

4.  Shoolhouses  cannot  be  sold  without  previous  direction  of  the  voters,  but 
their  action  in  voting  a  tax  for  the  erection  of  a  new  schoolhouse  on  the  old  site 
gives  the  board  authority  to  remove  the  old  house. 

5.  The  voters  have  no  authority  to  instruct  the  board  to  loan  money  belonging 
to  the  district,  nor  to  order  money  invested  in  government  bonds. 

6.  The  general  statement  is  that  when  an  amount  has  been  voted  for  a  specific 
purpose,  the  parties  directly  interested  thereby  acquire  a  vested  right  in  such 
money  appropriated,  of  which  they  may  not  be  deprived,  even  by  the  voters.  50 
Iowa,  648.     100  Iowa,  317. 

7.  The  only  change  of  money  from  one  fund  to  another  possible  under  the  law 
is  the  transfer  of  surplus  schoolhouse  funds  to  either  of  the  other  funds. 

8.  If  the  voters  direct  that  any  additional  branches  shall  be  taught  in  one  or 
all  of  the  schools,  their  action  is  mandatory,  and  the  board  is  bound  to  endeavor 
in  good  faith  to  fulfill  such  wish.     44  Iowa,  564. 

9.  The  voters  may  not  limit  nor  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the  voters  may  name.  Nor  may  the 
voters  direct  that  a  particular  branch,  or  certain  branches,  shall  not  be  taught.  It 
is  the  province  of  the  board  to  decide  what  branches  besides  those  named  by  the 
voters  shall  be  included  in  the  course  of  study  and  taught  in  the  schools. 

10.  The  voters  have  no  power  to  prohibit  any  branch  being  taught,  if  intro- 
duced by  the  board,  neither  has  the  board  power  to  prevent  the  teaching  of  any 
study  which  the  voters  have  directed  shall  be  taught. 

11.  All  schoolhouse  taxes  must  be  voted  by  the  voters  of  the  corporation,  or 
the  subdistrict;  this  power  cannot  be  delegated  to  the  board.  For  exceptions 
see  section  2806,  note  3. 

12.  The  specific  sum  of  money  deemed  necessary,  and  not  a  certain  number 
of  mills  on  the  dollar,  should  be  voted,  except  when  a  district  lies  in  two  counties. 
The  percentum  necessary  to  raise  this  sum  is  determined  by  the  board  of  super- 
visors.    Section  2806. 

13.  The  power  to  vote  schoolhouse  taxes  belongs  exclusively  to  the  voters. 
The  sums  necessary  for  the  teachers'  and  contingent  funds  are  determined  by  the 
board.     Section  2806,  note  3  for  exceptions. 

14.  Failing  to  carry  out  instructions  from  this  meeting,  the  board  maybe 
compelled  by  mandamus  to  show  reason  why  the  expressed  wish  of  the  voters  has 
not  been  complied  with.     Decisions,  17. 

15.  A  vote  upon  matters  which    by  the   law   are  to    be   determined    by    the 


22  SCHOOL   LAWS   OF   IOWA. 

directed  V"  (or  other  question  as  the  ease  may  be) ;  and  the 
voter  shall  designate  his  vote  by  writing-  the  word  "  yes  "  or 
'*no"  in  an  appropriate  place  on  the  ballot.  [21  G.  A.,  eh. 
131,  §  1 ;  19  G.  A.,  ch.  51 ;  18  G.  A.,  ch.  63 ;  C.  '73,  §§  1717, 
1807  ;  R.,  §§  2027-8,  2033  ;  C.  '51,  §§  1114,  1115.] 

Sec.  2750.  Special  meeting.  The  board  of  directors  may 
call  a  special  meeting  of  the  voters  of  any  school  corporation 
by  giving  notice  in  the  same  manner  as  for  the  annual  meet- 
ing, which  shall  have  the  powers  given  to  a  regular  meeting 
with  reference  to  the  sale  of  school  property  and  the  applica- 
tion to  be  made  of  the  proceeds,  and  to  vote  a  schoolhouse 
tax  for  the  purchase  of  a  site  and  the  construction  of  a  neces- 
sary schoolhouse,  and  for  obtaining  roads  thereto.  [28  G.  A., 
ch.  104;  24  G.  A.,  ch.  21;  18  G.  A.,  ch.  84  ] 

Sec.  2751.  Subdistrict  meeting.  The  meeting  of  the 
voters  of  each  subdistrict  of  a  school  township  shall  be  held 
annually  on  the  first  Monday  in  March,  and  shall  not  organ- 
ize earlier  than  nine  o'clock  a.m.,  nor  adjourn  before  twelve 
o'clock  M.  Notice  in  writing  of  the  time  and  place  of  such 
meeting  and  the  amount  of  schoolhouse  tax  to  be  voted  shall 
be  given  by  its  director,  or  if  there  is  none  by  the  school 

board,  is  not  binding  upon  the  board,  but   is  only  suggestive.     In  sach  matters, 
the  board  will  still  be  left  free  to  exercise  the  discretion  vested  in  it  by  the  law . 

16.  In  order  that  action  may  be  taken  at  an  annual  meeting,  it  is  not  essential 
that  notice  shall  be  given  that  such  a  matter  will  be  presented  at  the  meeting. 
When  assembled,  the  voters  have  power  to  transact  any  business  which  may  come 
before  them  under  the  law. 

17.  A  subdistrict  has  no  legal  claim  upon  schoolhouse  property,  although  in 
equity  a  tax  voted  to  build  in  a  certain  subdistrict  must  be  expended  as  voted, 
and  when  a  schoolhouse  has  been  built  or  repaired  from  schoolhouse  funds  raised 
upon  that  subdistrict  alone,  even  the  voters  should  recognize  the  vested  right  of 
the  subdistrict  to  retain  such  property  and  to  enjoy  its  use.     50  Iowa,  648. 

18.  If  it  is  desired  to  move  the  schoolhouse  out  of  the  subdistrict  the  voters  of 
the  school  township  must  first  so  order  at  the  annual  meeting.     Decisions,  13. 

19.  It  is  the  exclusive  province  of  the  courts  to  determine  questions  with  rela- 
tion to  any  vote  at  a  school  meeting,  or  with  relation  to  the  choice  of  members  of 
the  board  or  of  ofl&cers  of  the  board.     Note^  12  to  15  inclusive,  to  section  2758. 

Skction  2751.  1.  The  object  is  to  prevent  a  few  designing  persons  from  meet- 
ing at  an  unusual  hour,  dispatching  the  business  with  unseemly  haste,  and 
adjourning  before  many  of  the  electors  arrive.  The  meeting  should  be  conducted 
with  entire  fairness,  and  an  opportunity  given  for  an  expression  of  the  real  senti- 
ment of  the  subdistrict. 

2.  While  this  section  does  not  in  terms  specify  the  length  of  time  during  which 
a  subdistrict  meeting  should  remain  in  session,  section  2754  provides  that  in  rural 
independent  districts  the  polls  must  remain  open  not  less  than  two  hours.  For 
obvious  reasons  a  subdistrict  meeting  should  continue  in  session  at  least  the  same 
length  of  time.  The  voters  of  the  subdistrict  should  be  given  a  reasonable 
opportunity  to  participate  in  the  meeting.     37  Iowa,  131;  39  Iowa,  380. 

3.  If  subdistrict  boundaries  are  in  controversy  by  way  of  appeal,  the  election 
for  directors  should  be  made  on  the  basis  of  the  status  of  the  subdistricts  on  the 
day  of  election. 


..^' 


SCHOOL   LAWS  OF    IOWA.  23 

township  secretary,  by  posting  in  three  public  places  in  the 
subdistrict  for  five  days  next  preceding  the  same.  The  voters 
shall  select  a  chairman  and  secretary  of  the  meeting  who 
shall  act  as  judges  of  election,  and  shall  also  elect  a  director 
for  the  subdistrict  by  ballot.  The  vote  shall  be  canvassed  by 
the  judges  of  election,  and  the  person  receiving  the  highest 
vote  shall  be  declared  elected.  [22  G.  A.,  ch.  51;  18  G.  A., 
ch.  7,§  1;  C.  73,  §§  1718-19,  1789;  R,§§  2030-1;  C.  '51,  §  lllL] 
Sec.  2762.  Number  of  directors.  The  board  of  directors  of 
a  school  township  shall  be  composed  of  one  director  from  each 
subdistrict.  But  when  there  is  an  even  number  of  subdis- 
tricts  another  director  shall  be  elected  at  large  by  all  the 
voters  of  the  school  township.  When  the  school  township  is 
not  divided  into  subdistricts,  a  board  of  three  directors  shall 
be  elected  at  large,  on  the  second  Monday  in  March,  by  all 

4.  In  case  there  is  no  director,  the  above  notice  must  be  q:iven  by  the  secre- 
tary of  the  school  township.  It  must  be  posted  five  days  previous  to  the  meeting, 
in  at  least  three  public  places  in  the  subdistrict.  The  notice  should  designate  the 
hour  of  meeting,  which  cannot  be  earlier  than  9  o'clock  a.m.     Form  13. 

5.  Even  if  the  notice  of  the  meeting  required  by  the  law  has  not  been  given, 
th^/^oters  are  not  released  from  their  duty  to  hold  the  subdistrict  meeting  at  the 
usual  time  and  place.  When  they  are  assembled  it  may  be  found  that  important 
business  will  be  brought  before  them 

6.  A  tie  vote  for  any  elective  school  office  shall  be  publicly  determined  by  lot 
forthwith,  under  the  direction  of  the  judges.  Section  2754.  "This  applies  to  all 
school  elections.  If  more  than  two  persons  have  each  an  equal  number  of  votes, 
the  same  rule  will  apply.     No  second  ballot  may  be  taken. 

7.  The  chairman  and  the  secretary  are  not  required  to  qualify. 

8.  A  judge  of  election  is  entitled  to  his  vote  the  same  as  any  other  elector, 
9      No  minor,  nonresident,  nor  alien  can  take  part  in  a  meeting  of  voters. 

10.  If  the  voters  desire  to  hold  a  caucus,  it  should  be  done  before  the  sub- 
district  meeting  is  called  to  order. 

11.  The  selection  of  a  director  should  be  a  matter  of  great  care.  As  he  may 
receive  no  compensation  from  the  district,  he  should  be  a  person  whose  interest 
will  lead  him  to  be  a  frequent  visitor  of  the  school,  and  who  will  see  that  the 
schoolhouse  is  provided  with  all  that  will  add  to  the  comfort  of  the  teacher  and 
scholars  and  promote  the  highest  welfare  of  the  school. 

12.  A  member  or  officer  of  the  board  must  have  the  qualifications  of  an  elector, 
if  a  male,  but  no  person  is  ineligible  to  any  school  office  by  reason  of  sex. 

13.  Only  one  ballot  may  be  taken  for  the  election  of  director,  and  the  person 
receiving  the  greatest  number  of  votes  is  elected,  even  though  he  has  not  received 
a  majority  of  all  the  votes  cast 

14.  The  school  township  may  simply  be  requested,  by  the  voters  of  the  sub- 
district,    to   build   a  schoolhouse,  without  asking  for  a  definite  amount  of  money. 

15.  The  subdistrict  voters  may  vote  a  tax  for  schoolhouse  purposes  and  certify 
the  same  to  the  school  township  meeting.  Form  14.  Whatever  portion  of  this 
sum  the  township  electors  vote  will  be  levied  upon  the  entire  school  township. 

Section  2752.  1.  The  board  of  a  school  township  cannot  consist  of  less  tHan 
three  members.  When  there  is  an  even  number  of  subdistricts  one  director  at 
large  must  be  elected  on  the  second  Monday  of  March  by  all  the  voters  of  the 
school  township.  The  director  at  large  has  a  vote  upon  all  questions  before  the 
board  the  same  as  any  other  member. 


24  SCHOOL  LAWS   OF   IOWA. 

the  voters  of  the  school  township.  [27  G.  A.,  ch.  92;  15  G.  A., 
ch.  27;  C.  '73,  §§  1720-1;  R,  §§  2031,  2035,  2075-6;  C.  '51,  §§ 
1112,1721.] 

Sec.  2753.  Special  schoolhouse  tax.  At  the  annual  sub- 
district  meeting,  or  at  a  special  meeting  called  for  that  pur- 
pose, the  voters  may  vote  to  raise  a  greater  amount  of  school 
liouse  tax  than  that  voted  by  the  voters  of  the  school  towi - 
ship,  ten  days'  previous  notice  having  been  given,  but  the 
amount  so  voted,  including  the  amount  voted  by  the  school 
township,  shall  not  exceed  in  the  aggregate  the  sum  of  fifteen 
mills  on  the  dollar.  The  sum  thus  voted  shall  be  certified 
forthwith  by  the  secretary  of  said  subdistrict  meeting  to  the 
secretary  of  the  school  township,  and  shall  be  levied  by  the 
board  of  supervisors  only  on  the  property  within  the  subdis- 
trict.    [0.  73,  §  1778;  R.,  §§  2033-4,  2037,  2088.] 

Sec.  2764.  Elections  in  independent  districts — tie  vote. 
At  the  annual  meeting  in  all  independent  districts  members  ol 
the  board  shall  be  chosen  by  ballot.  In  any  district  including 
all  or  part  of  a  city  of  the  first  class,  or  a  city  under  special 
charter,  the  board  shall  consist  of  seven  members,  three  of 
whom  shall  be  chosen  on  the  second  Monday  in  March,  1898, 
two  on  the  second  Monday  in  March,  1899,  and  two  on  the 
second  Monday  in  March,  1900.  In  all  other  independent 
city,  town  or  village  districts,  and  in  all  rural  independent 
districts  where  the  board  now  consists  of  six  members,  the 
board  shall  consist  of  five  members,  one  of  whom  shall  be 
chosen  on  the  second  Monday  in  March,  1898,  two  on  the 
second  Monday  in  March,  1899,  and  two  on  the  second  Mon- 
day in  March,  1900.     In  all  independent  city,  town,  or  village 

Section  2753.  1.  The  vote  should  be  certified  to  the  secretary  of  the  school 
township  forthwith.     Forms  14 and  16. 

Section  2754.  1.  Any  election  by  the  people  must  be  held  on  the  day  desig- 
nated, and  can  neither  be  postponed  nor  adjourned  to  another  day,  and  the 
officers  voted  for  by  the  people  must  be  elected  by  a  single  ballot. 

2.  The  practice  of  taking  an  informal  ballot  for  the  purpose  of  placing  per- 
sons in  nomination  is  not  to  be  commended.  Such  nomination  should  be  made 
outside  the  meeting,  or  at  least  before  the  meeting  is  organized. 

3.  In  all  cases,  it  would  be  well  for  the  ballot  to  state  the  term  voted  for,  in 
connection  with  the  name  of  the  person. 

4.  All  vacancies  should  also  be  filled  by  election,  and  the  ballot  should  desig- 
nate the  vacancy  to  be  filled,  and  the  person  so  elected  hold  for  the  remainder  of 
the  unexpired  term. 

5.  In  districts  composed  in  whole  or  in  part  of  cities  or  towns,  the  treasurer 
must  be  elected  by  the  people  for  the  term  of  two  years.  This  does  not  apply  to 
village  districts.  In  these  and  in  all  other  districts,  except  those  specified  above, 
this  officer  is  elected  by  the  board . 

6.  A  tie  vote  for  any  elective  school  office  must  be  publicly  determined 
by  lot  forthwith,  under  the  direction  of  the  judges.  This  applies  to  all  school 
elections.  If  more  than  two  persons  have  each  an  equal  number  of  votes,  the 
same  rule  will  apply.     No  second  ballot  may  be  taken. 


SCHOOL   LAWS    OF   IOWA 


25 


districts  where  the  board  now  consists  of  three  members  such 
board  shall  hereafter  consist  of  five  members,  three  of  whom 
shall  be  elected  on  the  second  Monday  in  March,  1898,  one 
for  one  year,  one  for  two  years,  and  one^  for  three  years.  In 
all  other  rural  independent  districts  the  board  shall  consist  of 
three  members,  one  of  whom  shall  be  chosen  on  the  second 
Monday  in  March,  1898,  and  one  each  year  thereafter.  In 
districts  composed  in  whole  or  in  part  of  cities  or  towns,  a 
treasurer  shall  be  chosen  in  like  manner,  whose  term  shall 
begin  on  the  third  Monday  in  March  and  continue  for  two 
years,  or  until  his  successor  is  elected  and  qualified.  The 
term  of  office  of  the  incumbent  treasurer  in  said  districts 
shall  expire  on  the  third  Monday  in  March,  1898.  In  such 
districts  the  polls  must  remain  open  not  less  than  five  hours, 
and  in  rural  independent  districts  and  school  townships  not 
less  than  two  hours.  In  each  case  the  polls  shall  open  at  one 
o'clock  p.  M.,  except  as  provided  in  section  twenty-seven 
hundred  and  fifty-six  of  this  chapter.  A  tie  vote  for  any  elec- 
tive school  office  shall  be  publicly  determined  by  lot  forth- 
with, under  the  direction  of  the  judges.  [27  G.  A.,  ch.  91,  93; 
22  G.  A.,  ch.  51;  18  G.  A.,  ch.  7,  §  2;  C.  '73,  §§  1789,  1808.] 

Sec.  2756.  Election  precincts — register  of  voters — notice. 
Each  school  corporation  having  five  thousand  or  more  inhab- 
itants may  be  divided  into  such  number  of  precincts  as  the 
board  of  directors  shall  determine,  in  each  of  which  a  poll 
shall  be  held  at  a  convenient  place,  fixed  by  the  board  of 
directors,  for  the  reception  of  the  ballots  of  voters  residing 
in  such  precinct.  A  separate  register  of  the  voters  of  each 
precinct  shall  be  prepared  by  the  board  from  the  register  of 
the  electors  of  any  city  included  within  such  school  corpora- 
tion, and  for  that  purpose  a  copy  of  such  register  of  electors 
shall  be  furnished  by  the  clerk  of  the  city  to  the  board  of 
directors.  Before  each  annual  meeting  these  registers  shall 
be  revised  and  corrected  by  comparison  with  the  last  register 
of  elections  of  such  cities,  and  shall  have  the  same  force  and 
effect  at  school  meetings  held  under  this  section,  in  respect 
to  the  reception  of  votes  thereat,  as  the  register  of  election 
has  by  law  at  general  elections.  The  board  of  directors  of 
such  school  corporation,  on  or  before  the  last  Monday  pre- 
ceding such  election  shall  appoint  two  suitable  persons  to  be 

7.  All  districts  comprising  cities  of  the  first  class  and  those  under  special  char- 
ter have  seven  directors .  In  all  other  city,  town  or  village  districts,  and  in  the 
rural  independent  districts  which  formerly  had  six  members  the  board  now  con- 
sists of  five  members.  In  all  other  rural  independent  districts  the  board  consists 
of  three  members. 

Section  2755.  1.  Only  registrars  of  election  in  school  corporations  having 
more  than  five  thousand  inhabitants  may  receive  pay  for  their  services. 

2.  No  registration  is  required  in  school  corporations  having  less  than  five 
thousand  inhabitants. 


26  SCHOOL   LAWS   OF   IOWA. 

registrars  in  each  of  the  election  precincts  of  such  school  cor- 
poration for  the  registration  of  voters  therein,  who  shall  have 
the  same  qualifications  as  registrars  appointed  for  general 
elections  and  shall  qualify  in  the  same  manner,  and  receive 
the  same  compensation  to  be  paid  by  the  school  corporation. 
The  registrars  shall  meet  on  the  day  of  election  at  the  voting 
place  in  the  precinct  in  which  they  have  been  appointed  and 
shall  hold  continuous  session  from  nine  o'clock  in  the  fore- 
noon until  seven  o'clock  in  the  afternoon.  Any  person  claim- 
ing to  be  a  voter,  and  who  is  not  already  registered  in  the 
proper  precinct,  may  appear  before  them  in  the  election  pre- 
cinct where  he  claims  he  is  entitled  to  vote  and  make  and 
subscribe  under  oath  a  statement  in  the  registry  book,  which 
oath  and  statement  shall  be  of  the  same  general  character  as 
that  prescribed  by  section  one  thousand  and  seventy-seven 
(1077)  of  the  code,  and  shall  thereupon  be  granted  a  certificate 
of  registration.  Nothing  in  this  section  shall  be  construed  to 
prohibit  women  from  voting  at  all  elections  at  which  they  are 
entitled  to  vote.  The  secretary  must  post  a  notice  of  the 
meeting  in  a  public  place  in  each  precinct  at  least  ten  days 
before  the  meeting,  and  by  publication  for  two  weeks  pre- 
ceding the  same  in  some  newspaper  published  in  the  corpora- 
tion, such  notice  to  state  the  time,  respective  voting  pre- 
cincts and  the  polling  place  in  each  precinct,  and  also  to 
specify  what  questions  authorized  by  law,  in  addition  to  the 
election  of  director  or  directors,  shall  be  voted  upon  and 
determined  by  the  voters  of  the  several  precincts.  [29  G. 
A.,  ch.  125;  28  G.  A.,  ch.  105;  18  G.  A.,  ch.  8,  §§  1-4J 

Sec.  2766.  Conduct  of  elections.  As  judges  of  the  election 
referred  to  in  the  preceding  section,  the  board  shall  appoint 
one  of  its  number  and  two  voters  of  the  precinct,  one  of  whom 
shall  act  as  clerk,  who  shall  be  sworn  as  provided  in  case  of  a 
general  election.  If  any  person  so  appointed  fails  to  attend, 
the  judge  or  judges  attending  shall  fill  the  place  by  the 
appointment  of  any  voter  present,  and  like  action  shall  follow 
a  refusal  to  serve  or  to  be  sworn.  Should  all  of  the  appointees 
fail  to  attend,  their  places  shall  be  filled  by  the  voters  froni 
those  in  attendance.  The  board  shall  provide  the  necessary 
ballot  box  and  poll-book  for  each  precinct,  and  the  judges 
shall  make  and  certify  a  return  to  the  secretary  of  the  cor- 
poration of  the  canvass  of  the  votes  for  office  and  upon  each 
question  submitted.  On  the  next  Monday  after  the  meeting 
the  board  shall  canvass  the  returns  made  to  the  secretary, 
ascertain  the  result  of  the  voting  with  regard  to  every  matter 
voted  upon,  declare  the  same,  cause  a  record  to  be  made 
thereof,  and  at  once  issue  a  certificate  to  each  person  elected. 
At  all  meetings  held  under  this  and  the  next  preceding  sec- 
tion, the  polls  shall  be  kept  open  from  nine  o'clock  A.  M. 
until  seven  o'clock  P.  M.     [Same,  §§  5,  6.] 


SCHOOL   LAWS  OF   IOWA.  27 

Sec.  2757.    Meetings  of  directors — election  of  ofB.cers.  The 

board  of  directors  shall  meet  on  the  third  Monday  in  March 
and  September,  and  may  hold  such  special  meetings  as  may 
be  fixed  by  the  board  or  called  by  the  president,  or  the  secre- 
tary upon  the  written  request  of  a  majority  of  the  board, 
upon  notice  specifying  the  time  and  place,  delivered  to  each 
member  in  person,  but  attendance  shall  be  a  waiver  of  notice. 
Such  meetings  shall  be  held  at  any  place  within  the  civil 
township  in  which  the  corporation  is  situated.  At  the  regu- 
lar March  meeting  the  board  shall  organize  by  the  election  of 
a  president  from  its  members,  who  shall  be  entitled  to  vote  as 
a  member.  At  the  regular  September  meeting  it  shall  elect 
from  outside  the  board  a  secretary  and  a  treasurer,  except  as 

Section  2757.  1.  It  is  quite  customary  for  the  outgoing  board  to  meet  on  the 
third  Monday  in  March  and  complete  all  its  work,  and  for  the  new  board  to 
organize  immediately  thereafter.  The  legality  or  propriety  of  such  action  has 
never  been  questioned , 

2.  If  the  president  is  unwilling  to  call  a  special  meeting  in  compliance  with  a 
rejquest  from  members,  then  a  majority  of  the  board  may  cause  a  notice  of  the 
meeting  to  be  given  by  the  secretary,  signed  by  the  members  who  desire  to  have 
the  meeting  called,  which  written  notice  should  be  by  the  secretary  handed  to  each 
member  of  the  board  and  to  the  president. 

3v  As  the  law  is  silent  with  regard  to  the  length  of  time  notice  should  be  given 
before  the  time  of  meeting,  it  is  taken  for  granted  the  law  intends  that  a  reason- 
able notice  as  to  the  time  shall  be  given.  What  such  reasonable  notice  is  must 
be  determined  for  each  locality  by  the  conditions. 

4.  If  a  school  officer  habitually  or  wilfully  neglects  his  duty,  and  the  public 
good  suffers  by  such  negligence,  a  court  may  compel  him  to  attend  to  the 
necessary  duties  of  his  office.     50  Iowa,  648. 

5.  This  section  authorizes  boards  to  hold  meetings  in  any  district  within  the 
same  civil  township. 

6.  There  is  no  provision  of  law  that  will  prevent  a  board  from  transacting 
business  upon  any  day  except  Sunday. 

7.  If  the  board  fails  to  elect  a  president,  a  secretary,  or  a  treasurer,  in  dis- 
tricts where  such  officer  is  elected  by  the  board,  upon  the  day  fixed  by  law  or  at  a 
meeting  adjourned  from  that  day  to  a  day  certain,  then  the  incumbent  may  qualify 
anew  and  hold  the  office  for  another  year.  75  Iowa,  196.  But  in  order  that  a 
president  may  thus  hold  over,  his  term  as  a  member  of  the  board  must  also 
continue. 

8.  No  person  may  hold  two  offices  of  the  board  at  the  same  time. 

9.  No  one  may  be  compelled  to  qualify  as  a  member  or  officer  of  the  board. 

10.  Any  duty  imposed  upon  the  board  as  a  body  must  be  performed  at  a  reg- 
ular or  special  meeting,  and  made  a  matter  of  record.     47  Iowa,  11. 

11.  The  consent  of  the  board  to  any  particular  measure,  obtained  of  individual 
members  when  not  in  session,  is  not  the  act  of  the  board,  and  is  not  binding  upon 
the  district.     67  Iowa,  164. 

12.  The  board  may  receive  and  act  upon  communications  from  persons  selected 
outside  the  board  to  report  upon  matters  referred  to  such  persons  as  a  committee. 

13.  An  official  trust  cannot  be  delegated.  Neither  the  board  r4)T  any  member 
may  appoint  a  substitute  to  perform  the  official  duties  of  a  member  or  of  the  board, 
but  the  board  may  appoint  a  committee  of  it«  number  with  power  to  act  for  the 
board  in  a  given  case. 


28  SCHOOL  LAWS   OF   IOWA. 

provided  in  section  twenty-seven  hundred  and  fifty-four  of 
this  chapter,  but  in  independent  districts  no  teacher  or  other 
employe  of  the  board  shall  be  eligible  as  secretary.  Upon 
the  organization  of  any  corporation  the  board  shall  elect  a 
secretary  to  hold  until  the  September  meeting  following.  All 
such  officers  shall  be  elected  by  ballot,  and  the  vote  shall  be 
recorded  by  the  secretary.  [18  G.  A.,  ch.  176;  15  G.  A.  ch. 
27;  C.  '73,  §§  1721-2;  R.,  §§  2035-6,  2076;  G.  '51,  §  1721.  | 

Sec.  2768.  Qualification  of  directors  —  vacancies.  Any 
member  of  the  board  may  administer  the  oath  of  qualification 
to  any  member  elect,  and  to  the  president  of  the  board.  Each 
director  shall  qualify  on  or  before  the  third  Monday  in  March 
by  taking  an  oath  to  support  the  constitution  of  the  United 
States  and  that  of  the  state  of  Iowa,  and  t.hat  he  will  faith- 
fully discharge  the  duties  of  his  office  ;  and  shall  hold  the 
office  for  the  term  to  which  he  is  elected,  and  until  a  suc- 

14.  Where  the  law  requires  a  certain  duty  to  be  performed  by  the  board  upon 
a  fixed  day,  and  does  not  expressly  forbid  its  performance  later  than  the  date 
mentioned  in  the  law,  as  for  instance  the  election  of  a  secretary  and  a  treasurer, 
an  adjournment  of  the  meeting  to  another  fixed  date  will  allow  the  transaction  of 
the  business  directed  to  be  done  on  the  day  of  the  regular  meeting.     75  Iowa,  196 

15.  A  director  is  ineligible  to  the  office  of  secretary  or  treasurer  so  long  as  he 
remains  a  member  of  the  board . 

Section  2758.  1.  Any  school  director  is  authorized  to  administer  to  a  school 
director  elect  the  ofiicial  oath  required  by  law,  but  the  secretary  cannot  admin- 
ister this  oath  unless  he  is  one  of  the  many  officers  empowered  by  law  to  adminis- 
ter oaths. 

2.  The  president  of  the  board  must  take  the  oath  of  office  according  to  article 
11,  section  5,  of  the  constitution  of  Iowa,  before  entering  upon  the  duties  of  his 
office. 

3.  A  director  elect  may  take  the  oath  of  qualification  at  any  time  between  the 
day  of  election  and  the  close  of  the  third  Monday  in  March.  53  Iowa,  687;  101 
Iowa,  382. 

4.  In  case  a  director  elect  fails  to  qualify  by  the  close  of  the  third  Monday  in 
March,  the  incumbent  may  continue  in  office,  but  in  order  to  do  so  he  must  qualify 
anew  within  ten  days  from  that  time.     Code,  sections  1265  and  1275. 

5.  If  a  person  who  is  elected  fis  his  own  successor  fails  to  qualify  on  or  before 
the  third  Monday  in  March,  a  vacincy  exists  which  should  be  filled  by  appoint- 
ment. 

6.  A  person  appointed  as  a  member  of  the  b^ard  is  required  to  qualify  within 
ten  days.     Code,  section  1275. 

7.  A  director  conti  lues  in  office  until  a  successor  is  elected  and  qualified, 
whether  chosen  by  the  electors  or  appointed  by  the  board.     Section  1276. 

8.  Failure  to  appear  at  the  meeting  of  the  board  on  the  third  Monday  in 
March  will  no«-  prevent  a  qualification  being  valid  if  the  member  elect  takes  the 
oath  of  office  before  the  close  of  the  third  Monday  in  March. 

9.  When  a  director  is  chosen  by  vote  of  the  electors  he  is  elected  for  a  full 
term,  or  to  fill  the  remainder  of  an  ua expired  term.     Sections  1276  and  1277. 

10.  When  an  election  is  contested,  the  person  elected  shall  have  ten  days  in 
which  to  qualify,  after  the  date  of  the  decision.     Code,  section  1177. 

11.  All  persons  appointed  to  fill  vacancies  in  office  hold  until  the  next  meeting 
of  the  electors.     Constitution  of  Iowa,  article  11,  section  6.     Code,  section  1276. 


SCHOOL   LAWS   OF   IOWA.  29 

cessor  is  elected  and  qualified.  In  case  of  a  vacancy,  the 
office  shall  be  filled  by  appointment  by  the  board  until  the 
next  annual  meeting.  [C.  '73,  §§  1752,'  1790;  R.,  §S  2032, 
2079  ;  C.  '51,  §§  1113,  1120.] 

Sec.  2759.  President  —  employment  of  counsel.  The 
president  of  the  board  of  directors  shall  preside  at  all  of  its 
meetings,  sig-n  all  warrants  and  drafts,  respectively,  drawn 
upon  the  county  treasurer  for  money  apportioned  and  taxes 
collected  and  belonging  to  his  school  corporation,  and  all 
orders  on  the  treasurer  drawn  as  provided  by  law,  sign  all 
contracts  made  by  the  board,  and  appear  in  behalf  of  his 
corporation  in  all  actions  brought  by  or  against  it,  unless 
individually  a   party,  in  which   case   this  duty  shall   be   per- 

12.  The  failure  or  refusil  of  the  proper  officers  to  issue  a  certificate  to  a  per- 
son duly  elected,  caaait  operate  tD  deprive  sacli  psrsoa  of  his  rights.  The  certifi- 
cate or  commission  is  the  best,  but  not  the  only  evidaace  of  an  election,  and  if  that 
be  refused  secondary  evidence  is  admissible.  McJrary  on  Elections,  section  l7l. 
Decisions,  8. 

13.  The  right  or  title  to  hold  office  cannot  bs  determined  by  an  appeal  to  the 
county  superintendent.  The  proper  remedy  for  any  person  aggrieved  by  the 
action  of  the  board  relating  thereto  is  a  petition  to  the  district  court.  Code, 
sections  4313-4320.      Decisions,  8. 

14.  It  is  the  exclusive  province  of  the  courts  to  determine  questions  with 
relation  to  any  vote  of  a  school  meeting  or  with  relation  to  the  choice  of  mem- 
bers of  the  board  or  of  officers  of  the  board.     Decisions,  17. 

15.  While  a  board  may  use  its  own  judgment  as  to  who  shall  or  who  shall  not 
be  received  as  a  mimbsr  of  the  board,  any  one  aggrieved  has  his  remedy  through 
the  courts;  that  is,  the  membership  of  the  board  is  not  finally  determined  by  any 
action  of  the  board. 

Section  2759.  l.  A  president  whose  term  as  director  has  expired  may  take 
no  further  part  in  the  board,  even  though  a  new  president  has  not  been  chosen. 

2.  The  president  has  the  right  to  vote  on  all  questions  coming  before  the 
board.     If  by  such  vote  a  tie  is  produced,  the  mocion  is  lost.     Section  2757. 

3.  When  the  board  is  without  a  president,  a  temporary  president  may  be 
appointed  from  the  members  of  the  board,  who  during  the  time  he  is  acting  as 
president,  may  sign  orders  and  contracts  and  do  all  other  acts  proper  to  be  done 
by  the  president,  but  he  is  not  authorized  to  act  except  when  the  board  is  in 
session . 

4.  The  secretary  is  the  custodian  of  the  order  book.  He  fills  out  the  orders, 
which  the  president  afterward  signs. 

5.  To  be  valid,  an  order  must  express  upon  its  face  the  fund  on  which  it  is 
drawn,  and  name  the  purpose  for  which  it  was  issued.     Section  2762. 

6.  The  failure  of  an  officer  to  attach  his  official  title  to  his  signature  will  not 
affect  the  instrument  so  far  as  the  district  is  concerned,  provided  the  writing  was 
authorized,  and  made  for  the  district,  and  this  fact  can  be  shown.  7  Iowa,  509, 
and  11  Iowa,  82. 

7.  Unless  the  fact  that  official  approval  was  authorized  can  be  shown,  per- 
sonal liability  may  follow.     59  Iowa,  696. 

8.  An  order  on  the  treasurer  may  be  signed  only  by  authority  of  the  board. 

9.  The  expenses  in  suits  provided  for  by  this  section  should  be  paid  irom  the 
contingent  fund. 

10.  Appeals  to  the  county  superintendent  or  superintendent  of  public  instruc- 


30  SCHOOL    LAWS   OF   IOWA. 

formed  by  the  secretary.  In  all  cases  where  actions  may  be 
instituted  by  or  against  any  school  officer  to  enforce  any 
provision  of  law,  the  board  may  employ  counsel,  for  which 
the  school  corporation  shall  be  liable.  [19  G.  A.,  eh.  46;  C. 
'73,  §§  1739-40;  R,  §§  2039-40;  C.  '51,  §§  1122-3,  1125.] 

Sec.  2760.  Bonds  of  secretary  and  treasnrer.  The  sec- 
retary and  treasurer  shall  each  give  bond  to  the  school  cor- 
poration in  such  penalty  as  the  board  may  require,  and  with 
sureties  to  be  approved  by  it,  which  bond  shall  be  filed  with 
the  president,  conditioned  for  the  faithful  performs loe  of  his 
official  duties,  but  in  no  case  less  than  five  hundred  dollars. 
Each  shall  take  the  oath  required  of  civil  officers,  wnich  shall 
be  indorsed  upon  the  bond,  and  shall  complete  his  qualifica- 
tion, are  not  actions  brought  by  or  against  the  district,  nor  are  they  actions 
brought  by  or  against  any  of  the  school  officers,  within  the  meaning  of  the  law, 
and  no  charge  can  be  made  against  the  district  for  attorney  fees.  36  Iowa,  411. 

11.  The  president  does  not  have  authority  to  bring  suits  in  the  name  of  the 
corporation  on  his  own  motion.     85  Iowa,  387. 

12.  Service  of  notice  may  be  made  on  either  the  president  or  the  secretary. 
Code,  section  3531. 

Section  2760.  1.  The  law  requires  all  official  bonds  to  be  secured  by  at  least 
two  sureties  who  are  freeholders,  and  whose  aggregate  property  is  double  the 
amount  of  the  bond,  the  oath  of  office  to  be  subscribed  on  the  back  of  the  bond, 
or  attached  thereto,  and  the  sureties  to  make  affidavit  that  they  are  worth  the 
amount  named.     Form  17. 

2.  At  least  two  sureties  are  required,  who  must  be  resident  freeholders  of  this 
state,  and  each  of  whom  must  make  an  affilavit  as  surety.  Code,  sec  ions  358 
and  359.  Both  the  principal  and  sureties  must  qualify  before  some  one  empowered 
to  a-l minister  oaths. 

3.  If  the  treasurer  is  re-elected,  or  continues  in  office  by  reason  of  failure  to 
elect  a  successor,  his  bond  must  be  renewed  and  he  should  produce  and  account 
for  the  funds  in  his  hands,  and  the  statement  of  such  settlement  should  be 
endorsed  upon  his  new  bond  before  the  same  is  approved  by  the  board.  Code, 
section  1193. 

4.  The  treasurer  of  a  school  district  is  absolutely  liable  for  all  money  coming 
into  his  hands  by  virtue  o£  his  office      40  Iowa.  130;  37  Iowa,  550;  80  Iowa,  497. 

5.  As  the  bonds  of  the  secretary  and  the  treasurer  must  be  approved  by  the 
board,  no  member  should  become  surety  for  one  of  these  officers. 

6.  Any  officer  whose  duty  it  is  to  give  bonds  for  the  proper  discharge  of  the 
duties  of  his  office,  and  who  neglects  so  to  do,  is  guilty  of  a  misdemeanor,  and  is 
liable  to  a  fine.     Code,  section  1197. 

7.  A  board  approving  bonds  known  to  be  insufficient,  does  not  discharge  the 
duty  incumbent  upon  it,  and  is  1  able  on  a  charge  of  misdemeanor.  14  Iowa, 
510,  and  18  Iowa,  153.     Code,  section  4904. 

8.  Any  officer  or  board  who  has  the  approval  of  another  officer's  bond,  when 
of  the  opinion  that  the  public  security  requires  it,  upon  giving  tea  day's  notice 
to  show  cause  to  the  contrary  may  require  him  to  give  such  additional  security  by 
a  new  bond,  within  a  reasonable  time  to  be  prescribed.     Code,  section  1281. 

9.  By  petitioning  the  board,  a  surety  may  ask  to  be  relieved  from  his  obliga- 
tion on  a  bond.     Code,  sections  12e3-1285. 

10.  The  board  of  directors  is  not  bound  to  notify  or  warn  sureties  of  the  dis- 
honesty of  a  re-elected  treasurer.     81  N.  W. ,  241. 


Ir 


SCHOOL  LAWS   OF    IOWA.  3^ 

tion  within  ten  days.  In  case  of  a  breach  of  the  bond,  the 
president  shall  brin^  action  thereon  in  the  name  of  the  school 
corporation.  1 15  G.  A.,  ch.  27;  C.  '73,  §§  1721,  1731 ;  R.,  §4 
2035.  2037,  2076;  C.  '51,  §  1144.] 

Sec.  2761.  Duties  of  secretary.  The  secretary  shall  file 
and  preserve  copies  of  all  reports  made  to  the  county  super- 
intendent, and  all  papers  transmitted  to  him  pertaining  to  the 
business  of  the  corporation  ;  keep  a  complete  record  of  all  the 
proceedings  of  the  meetings  of  the  board  and  the  voters  of  the 
corporation  in  separate  books ;  keep  an  accurate,  separate 
account  of  each  fund  with  the  treasurer,  charge  him  with  all 
warrants  and  drafts  drawn  in  his  favor,  and  credit  him  with 
all  orders  drawn  on  each  fund  ;  and  he  shall  keep  an  accurate 

11.  All  the  officers  of  the  board  must  take  the  oath  of  ofl&ce  as  prescribed  by 
section  5,  article  11,  of  the  constitution.     See  form  57. 

12.  The  secretary  and  the  treasurer  have  ten  days  in  which  to  qualify. 

13.  ^ny  association  or  corporation  which  does  the  business  of  insuring  the 
fidelity  of  others,  and  which  has  authority  by  law  to  do  business  in  this  state,  shaU 
be  accepted  as  surety  upon  bonds  required  by  law,  with  the  same  force  and  effect 
as  sureties  above  qualified.    Code,  section  1187. 

14.  Any  company  engaged  in  the  business  of  becoming:  surety  upon  bonds 
shall  file,  with  the  clerk  of  any  county  in  which  it  shall  do  business,  a  certificate 
from  the  state  auditor  that  it  has  complied  with  the  law  and  is  authorized  to  do 
business  in  this  state;  and  should  said  authority  be  withdrawn  at  any  time,  the 
state  auditor  shall  at  once  notify  the  clerk  of  each  district  court  to  that  effect. 
Code,  section  359 

Section  2761.  1.  A  large  amount  of  labor  devolves  upon  the  secretary.  The 
fidelity  and  promptness  with  which  he  attends  to  his  duties  make  his  assistance 
very  valuable  to  the  board  and  the  district,  and  determine,  in  a  large  degree,  the 
accuracy  and  completeness  of  his  annual  report  to  the  board  and  to  the  county 
superintendent. 

2.  It  is  essential  that  the  record  of  the  proceedings  of  the  board  and  ot  the 
district  meetings  should  be  properly  kept.  Every  transaction  should  be  carefully 
noted,  and  the  proceedings  read  and  approved. 

3.  The  minutes  of  a  meeting,  as  recorded  at  the  time  by  the  secretary,  must 
be  regarded  the  best  evidence  as  to  the  understanding  the  board  had  of  a  subject, 
at  the  time  the  question  was  voted  upon.     Decisions,  6,  2^^,  30  and  42 

4.  The  proceedings  of  any  meeting  in  relation  to  voting  schoolhouse  taxes, 
must  be  submitted  by  the  secretary,  who  is  the  proper  custodian  of  the  records,  to 
the  board,  to  form  the  basis  of  its  action  in  apportioning  and  certifying  school- 
house  taxes  to  the  board  of  supervisors. 

5.  The  failure  of  the  secretary  to  record  all  the  proceedings  of  the  board  and 
of  the  district  meetings  in  separate  books,  kept  for  that  purpose,  will  not  render 
the  proceedings  void.     8  Iowa,  298. 

6.  Public  records  are  public  property,  and  are  open  to  inspection  at  proper 
times  by  any  citizen.  No  public  officer  may  refuse  examination  of  the  records,  but 
as  he  is  their  custodian ,  and  is  charged  with  their  safe  keeping,  he  must  keep  them 
in  his  possession. 

7.  Every  officer  having  the  custody  of  a  public  record  or  writing  is  bound  to 
give  any  person,  on  demand,  a  certifir  d  copy  thereof  on  payment  of  the  legal  fees 
therefor.     Code,  section  4638. 

8.  The  secretary  may  not  act  as  president  or  treasurer  of  the  board. 

9.  As  the  secretary  is  the  clerical  officer  of  the  board,  and  cares  for  the  records 


'S2  SCHOOL  LAWS   OF  IOWA. 

account  of  all  expenses  incurred  by  the  corporation,  and 
present  the  same  to  the  board  for  audit  and  payment.  At  the 
annual  meeting"  he  shall  record,  in  a  book  provided  for  that 
purpose,  the  names  of  all  persons  voting-  thereat,  the  number 
of  votes  cast  for  each  candidate,  and  for  and  against  each 
proposition  submitted.  [C.  '73,  §§  1741,  1743 ;  R.,  §§  2041-2 ; 
C.  '51,  §  1128.] 

Sec.  2762.  Warrants.  He  shall  countersign  all  warrants 
and  drafts  upon  the  county  treasurer  drawn  or  signed  by  the 
president;  draw  each  order  on  the  treasurer,  specify  the  fund 
on  which  it  is  drawn  and  the  use  for  which  the  money  is 
appropriated;  countersign  and  keep  a  register  of  the  same, 
showing  the  number,  date,  to  whom   drawn,  the  fund   upon 

of  the  district,  we  think  he  should  act  as  librarian  unless  the  board  selects  some 
other  person.     Ch.  110,  laws  of  1900. 

10.  The  secretary  is  required  by  this  section  to  keep  an  account  current  with 
the  district  treasurer.  This  account,  properly  kept,  will  assist  the  board  in  its 
frequent  settlements  with  the  treasurer,  as  required  by  section  2780. 

Section  2762.  1.  All  damands,  whether  by  contract  or  otherwise,  must  be 
approved  by  the  board  when  in  session,  before  an  order  may  be  drawn  on  the 
treasurer,  and  the  secretary  shall  draw  no  order  unless  he  is  authorized  to  do 
so  by  a  vote  of  the  board,  at  a  regular  or  special  meeting.     Form  19. 

2.  It  is  an  advantage  for  the  secretary  to  hold  the  order  book,  for  by  this 
means  he  can  better  keep  his  records,  make  the  transcript  to  the  treasurer  of 
orders  drawn,  and  more  easily  make  his  final  report  to  the  board  in  September. 

3.  The  secretary,  president,  and  treasurer,  must  conform  to  the  instructions 
of  the  board  as  far  as  those  directions  are  in  accordance  with  law,  but  they  should 
not  comply  with  an  instruction  directing  them  to  do  an  illegal  act. 

4.  If   the   board   appropriates   money  to   pay  its  members,  or  for  any  other 
illegal  purpose,  the  president  and  the  secretary  should  decline  to  sign  the  order, 
and,  if  drawn,  the  treasurer  should  refuse  to  pay  it. 

5.  A  member  may  nlieve  himself  of  the  responsibility  of  an  illegal  act  of  the 
board,  by  moving  that  the  ayes  and  noes  be  taken,  and  voting  no.  Members  of 
the  board  are  not  liable  to  prosecutipn  for  errors  when  not  shown  that  they  acted 
in  fead  faith      69  Iowa,  533. 

6.  The  board  may  authorize  the  president  and  secretary  to  draw  warrants  for 
the  payment  of  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper 
evidence  that  the  service  has  been  performed,  but  the  order  for  wages  for  the  last 
month  should  not  be  drawn  until  the  full  report  required  by  section  2789  is  filed  in 
the  office  of  the  secretary. 

7.  School  orders  issued  without  a  vote  of  the  board  or  otherwise  illegally 
Issued,  although  they  may  be  signed  by  the  president  and  countersigned  by  the 
secretary,  are  not  binding  upon  the  district,  neither  can  they  acquire  validity  by 
being  transferred  to  third  parties.  If  illegal  when  issued,  they  are  illegal  forever. 
19  Iowa,  199  and  248.     Decisions,  10. 

8.  An  order  is  not  a  negotiable  paper.  It  is  subject  to  all  equities  and 
defenses  to  which  it  would  have  been  subject  in  the  hands  of  the  payee.  22  Iowa, 
595;  29  Iowa,  339,  and  92  Iowa,  676. 

9.  An  order  issued  illegally  does  not  acquire  validity  by  transfer. 

10.  School  orders  should  not  be  drawn  payable  on  time,  nor  should  any  men- 
tion regarding  interest  be  in  the  order.  An  order  may  not  be  made  payable  at 
any  other  place  than  the  treasury  of  the  district. 


SCHOOL   LAWS   OF   IOWA. 


33 


which  it  is  drawn,  the  purpose  and  the  amount;  and  at  the 
March  and  September  meetings  furnish  the  board  with  a  copy 
of  the  same.  [19  G.  A.,  eh.  46;  C.  '73,  §§  1739,  1782;  R.,  ^§ 
2039,  2061 :  C.  '51,  §§  1122-3.]  '         ?^^ 

Skc.  2763.  Notice  of  meetings.  He  shall  give  ten  days' 
printed  or  written  notice  of  all  meetings  of  the  voters,  posted 
in  at  least  five  public  places  in  the  corporation,  but  a  notice 
shall  be  posted  at  the  door  of  each  schoolhouse,  also  at  or 
near  the  last  place  of  meeting,  and  each  notice  shall  state,  the 
date,  hour  and  place  of  meeting,  and  the  object.  ["18  G.  A., 
ch.  59;  C.  '73,  §§  1742,  1822;  K,  §  2043;  C.  '51,  §  1129. 

Sec.  2764.  Register  of  persons  of  school  age.  He  shall, 
between  the  first  day  of  September  and  the  third  Monday  in 
September  of  each  year,  enter  in  the  book  made  for  that  pur- 

11.  'The  registry  of  orders  is  an  important  matter.  Every  order  drawn  should 
be  promptly  reported  to  the  district  treasurer,  as  he  has  no  other  means  of  deter- 
mining the  amount  of  outstanding  orders,  and  otherwise  cannot  comply  with  the 
law  requiring  him  to  make  partial  payments.     Section  2768  and  form  20. 

Section  2763.  1.  The  statutory  mode  of  computing  time  excludes  the  day  on 
which  the  notice  is  posted,  and  includes  the  day  of  meeting.  61  Iowa,  303.  Code, 
section  48,  subdivision  23.     Forms  10  and  13. 

2.  Failure  to  comply  with  the  law  with  respect  to  the  notice,  does  not  invali- 
date the  proceedings  of  the  meeting  if  regular  in  other  respects. 

3.  It  follows  that  notice  through  the  newspapers  or  any  other  notice  than  as 
named  in  the  law,  will  not  take  the  place  of  the  kind  of  notice  required  by  the 
law,  given  in  the  manner  indicated. 

4.  The  posting  up  or  service  of  any  notice  or  other  paper  required  by  law 
may  be  proved  by  the  affidavit  of  any  competent  witness  attached  to  a  copy  of 
said  notice  or  paper  and  made  within  six  months  of  the  time  of  such  posting  up. 
Code,  section  4681. 

Section  2764.  1.  The  law  intends  that  no  part  of  the  enumeration  shall  be 
taken  before  the  first  day  of  September. 

2.  The  number  of  persons  of  school  age  can  be  obtained  only  by  a  careful  and 
conscientious  census.  It  includes  all  persons  between  five  and  twenty-one  years 
having  a  residence  within  the  district,  even  if  married.     Form  21. 

3.  Each  district  deserves  credit  for  every  one  of  proper  age,  but  is  entitled  to 
no  more.  It  is  obvious  that  a  guess  or  estimate  regarding  even  a  single  indi- 
vidual is  to  be  avoided. 

4.  In  independent  districts  it  is  the  duty  of  the  secretary  to  take  the  annual 
school  enumeration  required  by  the  first  clause  of  this  section,  unless  the  board 
assigns  the  duty  to  another  person.  In  any  case  proper  extra  compensation 
should  be  given  for  the  work  required,  if  the  district  is  a  large  one 

5.  In  districts  formed  of  parts  of  two  or  more  counties,  the  secretary  should 
make  the  annual  report  to  the  county  superintendent  of  the  county  in  which  a 
majority  of  the  children  reside.  This  report  should  not  include  those  children 
who  reside  in  portions  of  the  district  lying  in  other  counties.  The  remaining 
number  of  children  should  be  reported  by  the  secretary  to  the  superintendents  of 
the  other  counties  having  territory  in  such  district. 

6.  Every  person  between  five  and  twenty-one  should  be  enumerated  where  he 
resides.  A  child  in  one  of  the  charitable  or  reformatory  institutions  temporarily, 
and  whose  parents  reside  in  another  part  of  the  state,  or  in  another  school  dis- 
trict, is  a  resident  of  the   district  in   which  his   parents    reside,    and    should    be 

3 


34  SCHOOL  LAWS  OF   IOWA. 

pose,  the  name,  sex  and  age  of  every  person  between  five 
and  twenty-one  residing  in  the  corporation,  together  with 
the  name  of  the  parent  or  guardian. 

Sec.  2765.  Reports.  He  shall  notify  the  county  superin- 
tendent when  each  school  is  to  begin  and  its  length  of  term, 
and,  within  five  days  after  the  third  Monday  in  September  of 
each  year,  file  with  the  county  superintendent  a  report  which 
shall  give  the  number  of  persons  in  the  corporation,  male  or 
female,  of  school  age,  the  number  of  schools  and  branches 
taught,  the  number  of  scholars  enrolled  and  average  attend- 
ance in  each  school,  the  number  of  teachers  employed  and  the 
average  compensation  paid  per  month,  distinguishing  the 
sexes,  the  length  of  school  in  days,  and  the  average  cost  of 
tuition  per  month  for  each  scholar,  the  text-books  used,  num- 
ber of  volumes  in  library,  the  value  of  apparatus  belonging  to 
the  corporation,  the  number  of  schoolhouses  and  their  esti- 
mated value,  the  name,  age  and  postoflSce  address  of  each 
deaf  and  dumb  or  blind  person  in  the  corporation  between  the 
ages  of  five  and  twenty-one  years,  and  this  shall  include  those 
who  are  so  blind  or  deaf  as  to  be  unable  to  obtain  an  educa- 
tion in  the  common  schools,  a  like  report  as  to  all  feeble 
minded  children  of  and  between  such  ages,  and  the  number  of 
trees  set  out  and  in  a  thrifty  condition  on  each  schoolhouse 
ground.  [19  G.  A.,  ch.  23,  §  3;  16  G.  A.,  ch.  112,  §  1;  C.  73, 
§§  1744-5;  R,  §  2046;  C.  '51,  §§  1127-8.] 

Sec.  2766.  Officers  reported.  He  shall  report  to  the 
county  superintendent,  auditor  and  treasurer  the  name  and 
postoffice  address  of  the  president,  treasurer  and  secretary  of 

enumerated  there.  If  in  the  institution  to  remain  permanently,  having  no 
parents  or  guardian,  his  residence  is  in  the  district  in  which  the  institution  is 
located,  and  he  should  be  enumerated  therein. 

7.  The  actual  truth  as  to  the  number  of  school  a«;e  is  what  is  sought.  Any- 
thing else  disturbs  the  equality  which  by  right  exists,  and  prevents  all  from 
receiving  exact  justice  in  the  apportionments. 

Section  2765.  1.  The  name  of  the  teacher  should  be  given,  and  any  other 
information  which  will  aid  the  county  superintendent  in  planning  his  work  of 
visitation,  provided  for  in  section  2735. 

2.  The  blanks  for  the  annual  report  of  the  secretary  are  furnished  by  the 
state,  through  county  superintendents.  The  secretary  should  copy  the  report 
required  by  this  section,  in  the  district  records.  If  the  original  report  is  filed  in 
his  office,  it  is  liable  to  be  destroyed  or  mislaid,  which  may  prove  detrimental  to 
the  interests  of  the  district. 

3.  Every  teacher  should  take  great  pains  to  keep  very  carefully  the  register 
required  by  section  2789,  in  order  that  the  report  required  by  this  section  may  be 
made  out  correctly.  By  the  teachers  doing  so  the  secretary  will  be  able  to  make 
his  annual  report  with  greater  ease,  and  with  added  accuracy. 

Section  2766.  1.  It  is  very  important  that  the  secretary  should  file  the  cer- 
tificate with  the  county  officers  named,  immediately  after  the  regular  meeting  of 
the  board  in  March  and  September;  otherwise  funds  belonging  to  the  district  may 
be  paid  to  persons  not  authorized  to  receive  them .  Whenever  a  change  is  made 
the  county  officers  should  be  notified.     Form  22. 


SCHOOL   LAWS   OF   IOWA. 


35 


the  board  as  soon  as  practicable  after  the  qualification  of 
each.     [C.  '73,  §  1736.] 

Sec.  2767.  Certifying  tax.  Within  five  days  after  the 
board  has  fixed  the  amount  required  for  the  contingent  and 
teachers'  fund,  he  shall  certify  to  the  board  of  supervisors 
the  amount  so  fixed,  and  at  the  same  time  shall  certify  the 
amount  of  sehoolhouse  tax  voted  at  any  regular  or  special 
meeting.  In  case  a  sehoolhouse  tax  is  voted  by  a  special 
meeting  after  the  above  certificate  has  been  made  and  prior  to 
tlae  first  day  of  September  following,  he  shall  forthwith  cer- 
tify the  same  to  the  board  of  supervisors.  He  shall  also  cer- 
tify to  such  board  any  provision  made  by  the  board  of  direct- 
ors for.  the  pavment  of  principal  or  interest  of  bonds  lawfully 
issued.'    [C.  '73,  §§  1777,  1823;  R,  §§  2037,  2044.] 

Sec.  2768.  Duties  of  treasurer— payment  of  warrants. 
The  treasurer  shall  receive  all  moneys  belonging  to  the  cor- 
poration, pay  the  same  out  only  upon  the  order  of  the  presi- 
dent countersigned  by  the  secretary,  keeping  an  accurate  ac- 
count of  all  receipts  and  expenditures  in  a  book  provided  for 

Section  2767.  1.  The  secretary  has  no  discretion  but  must  certify  the  tax  to 
the  board  of  supervisors.  He  should  also  certify  to  the  board  of  supervisors  any 
provision  made  by  the  board  of  directors  for  the  payment  of  principal  or  interest 
of  bonds  lawfully  issued 

Section  2768,  1.  The  language  of  this  section  is  very  explicit.  It  makes 
the  treasurer  the  custodian  of  all  moneys  belonging  to  the  district,  which  effec- 
tually precludes  the  idea  of  dividing  the  money  belonging  to  any  particular  fund 
among  the  subdistricts.     Decisions,  11. 

2.  The  treasurer  may  payout  the  funds  only  on  the  order  of  the  president, 
countersigned  by  the  secretary,  and  the  president  may  not  sign  an  order  unless  he 
is  authorized  to  do  so  by  the  board. 

3.  No  order  shall  be  drawn  on  the  district  treasury,  until  the  claim  for  which 
it  is  drawn  has  been  audited  and  allowed.     Section  2780. 

4.  In  making  payment,  when  there  is  not  sufl&cient  money  on  hand  to  pay  all 
outstanding  orders,  one  order  may  not  be  given  preference  over  another.  40 
Iowa,  620. 

5.  Neither  the  electors  nor  the  board  may  authorize  the  treasurer  to  loan 
money  belonging  to  the  district.     Code,  section  4840,  as  note  10  to  section  2769, 

6.  The  treasurer  is  responsible  for  all  moneys  coming  into  his  hands  by  virtue 
of  his  office,  even  if  stolen  or  destroyed  by  fire.  The  board  has  no  authority  to 
release  him,  unless  he  accounts  in  full  for  all  moneys  received  by  virtue  of  his 
office.     37  Iowa,  550;  39  Iowa,  9;  40  Iowa,  130,  and  80  Iowa,  497. 

7.  It  is  generally  advisable  for  the  treasurer  to  deposit  the  money  in  some 
safe  and  secure  bank;  but  the  treasurer  and  his  bondsmen  are  as  fully  responsible 
as  they  would  be  if  the  money  is  held  by  the  treasurer  in  person. 

8.  The  spirit  of  our  law  forbids  the  electors  to  vote  sehoolhouse  funds  to 
reimburse  a  treasurer  or  his  bondsmen  for  a  loss  of  the  money  belonging  to  the 
district.  There  is  no  way  under  the  law  in  which  the  treasurer  and  his  bondsmen 
may  be  released  from  absolute  liability. 

9.  There  is  no  authority  in  law  for  a  county  treasurer  and  a  district  treasurer 
to  keep  a  part  of  the  sehoolhouse  fund  separate  as  a  so-called  highway  fund  or 
library  fund .  It  is  obvious  that  all  moneys  collected  as  voted  by  the  electors  must 
belong  to  the  sehoolhouse  fund. 


36  SCHOOL   LAWS   OF  IOWA. 

that  purpose.  He  shall  register  all  orders  drawn  and  report- 
ed to  him  by  the  secretary,  showing  the  number,  date,  to 
whom  drawn,  the  fund  upon  which  drawn,  the  purpose  and 
amount.  The  money  collected  by  tax  for  the  erection  of 
schoolhouses  and  the  payment  of  debts  contracted  therefor 
shall  be  called  the  schoolhouse  fuad;  that  for  rent,  fuel, 
repairs,  and  other  contingent  expenses  necessary  for  keeping 
the  school  in  operation,  the  contingent  fund;  and  that    re- 

10.  When  possible,  it  is  desirable  that  the  cost  of  removing  and  repairing 
schoolhoases  shall  be  paid  from  the  schoolhouse  fund.  If  there  is  no  schoolhouse 
fund  on  hand  unappropriated,  the  expense  of  removal,  if  not  too  considerable, 
may  be  paid  from  the  contingent  fund. 

11.  Contingent  fund  may  be  used  to  erect  a  flag  staff  upon  the  schoolhouse  or 
a  flag  pole  upon  the  school  grounds  for  the  purpose  of  displaying  a  school  flag. 

12.  Minor  improvements,  such  as  the  erection  of  ordinary  outhouses,  storm 
caves,  fences,  and  the  like,  may  be  paid  for  from  either  the  contingent  or  the 
schoolhouse  fund. 

13.  Ordinary  repairs  should  be  charged  to  the  contingent  fund;  but  when 
such  repairs  assume  the  magnitude  of  a  rebuilding,  or  of  an  extensive  addition, 
they  should-be  charged  to  the  schoolhouse  fund. 

14.  Any  unappropriated  schoolhouse  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  schoolhouses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

15.  The  cost  of  seating  new  schoolhouses  should  be  paid  from  the  schoolhouse 
fund.  The  law  does  not  authorize  the  use  of  the  contingent  fund  for  the  erection 
or  complet  o  i  of  schoolhouses,  but  when  a  house  needs  reseating  or  other  repairs, 
the  cost  may  be  defrayed  either  from  the  contingent  fund,  or  from  any  unappro- 
priated schoolhouse  fund  in  the  treasury.     25  Iowa,  436. 

16.  The  term  school  furniture,  as  generally  used  in  our  state,  means  school 
desks,  tables,  chairs,  and  such  similar  articles  as  are  closely  related  to  making  the 
schoolhouse  more  suitable  for  its  use  as  a  schoohouse ;  school  apparatus  has  been 
understood  to  include  the  articles  mentioned  in  section  2783,  or  such  similar 
articles  as  would  clearly  come  under  the  same  designation  for  use  in  the  schools  for 
the  purposes  of  instruction. 

17.  Boards  have  no  authority  to  transfer  money  from  one  fund  to  another,  even 
temporarily,  unless  they  are  authorized  by  the  electors  under  section  2749,  sub- 
section 5,  to  transfer  any  surplus  in  the  schoolhouse  fund  to  another  fund.  Notes 
3  and  4  to  section  2810. 

18.  The  teachers'  fund  should  not  be  divided  among  the  subdistricts,  equally, 
according  to  the  number  of  children,  or  upon  any  other  basis.  This  fund  can  be 
paid  out  only  to  teachers  for  services,  upon  orders  authorized  by  the  board. 

19.  The  treasurer  shall  pay  no  order  which  does  not  specify  the  fund  on  which 
it  is  drawn,  and  th«  specific  use  to  which  the  money  is  applied. 

20.  Tuition  fees  collected  from  n  -nresidents  belong  to  the  teachers'  fund 

21.  No  part  of  the  teachers'  fund  may  be  used  for  any  other  purpose  than  to 
pay  teachers  or  to  pay  tuition  of  pupils  attending  school  in  another  district  under 
section  2803  ;  except  the  amount  withheld  from  the  apportionment  for  the  purchase 
of  library  books .     28  G .  A . ,  ch .  1 10 

22.  The  law  requires  both  the  secretary  and  the  treasurer  to  keep  a  register  of 
all  orders  drawn  on  the  district  treasury,  containing  a  record  of  each  item  enumer- 
ated.    Form  26. 

23.  The  board  has  no  authority  to  make  a  contract  by  which  school  orders 


SCHOOL   LAWS  OF    IOWA.  37 

ceived  for  the  payment  of  teachers,  the  teachers'  fund;  and  he 
shall  keep  a  separate  account  with  each  fund,  paying  no  order 
that  fails  to  state  the  fund  upon  which  it  is  drawn  and  the 
specific  use  to  which  it  is  to  be  applied.  Whenever  an  order 
cannot  be  paid  in  full  out  of  the  fund  upon  which  it  is  drawn, 
partial  payment  may  be  made.  All  school  orders  shall  draw 
lawful  interest  after  being"  presented  to  the  treasurer  and  by 
him  endorsed  as  not  paid  for  want  of  fund-i.  [C.  '73,  §§  1747- 
50;  R.,  §§  2048-50;  C.  '51,  §§  1138-40.] 

Sec.  2769.  Financial  statement.  He  shall  render  a  state- 
ment of  the  finances  of  the  corporation  whenever  required 
by  the  Iboard,  and  his  books  shall  always  be  open  for  inspec- 
tion. He  shall  make  an  annual  report  to  the  board  on  the 
third  Monday  in  September,  which  shall  show  the  amount  of 

shall  draw  interest  before  their  presentation  nor  a  higher  rate  than  six  per  cent. 
90  Iowa,  53. 

24.  It  is  essential  that  the  treasurer  should  know  the  exact  amount  of  out- 
standinsf  orders,  and  for  this  reason  the  secretary  is  required  to  report  to  him  all 
orders  drawn  on  the  district  treasury.     Section  2768. 

25.  The  register  provided  for  in  this  section  is  indispensable  to  the  treasurer, 
under  the  law  requiring  him  to  make  partial  payments  on  orders  when  he  has  not 
funds  sufficient  to  pay  them  in  full.    40  Iowa,  620. 

26.  The  treasurer  may  rightly  object  to  paying  an  order  that  is  defective  in 
any  of  the  particulars  named.  It  is  especially  essential  that  the  purpqse  for  which 
the  order  was  given  shall  bs  written  in  the  order.  The  stub  in  the  order  book 
should  also  be  propsrly  filled  out  and  carefully  preserved. 

27.  The  provision  as  to  partial  payment  applies  to  all  orders  on  that  fund. 
The  holder  of  an  order  drawn  to  pay  a  judgnent  cannot  insist  on  its  being  satisfied 
in  full  to  the  exclusion  of  ocher  orders.     40  Iowa,  620. 

28.  By  keeping  a  correct  account  of  the  orders,  as  by  form  20,  the  treasurer 
will  know  the  amount  outstanding,  and  can  readily  determine  what  per  cent  on 
each  he  can  pay  with  the  funds  on  hand.  When  requested  by  the  holder,  he  should 
indorse  an  order  so  that  the  amount  remaining  unpaid  may  draw  legal  interest. 

29.  Whenever  partial  payment  is  made,  the  treasurer  should  indorse  the  pay- 
ment on  th»  order  and  take  a  receipt  for  the  amount  paid.  When  paid  in  full,  the 
order  should,  in  all  cases,  be  indorsed  by  the  person  presenting  it,  and  left  with 
the  treasurer.     It  is  then  a  voucher  for  the  amount  paid. 

30.  The  remedy  of  any  one  holding  an  order  which  the  treasurer  refuses  to  pay 
or  indorse  is  application  to  a  court  for  a  writ  to  compel  such  officer  to  make  pay- 
ment. At  the  final  hearing  before  the  court  it  will  be  definitely  determined  whether 
the  order  is  of  such  character  that  it  should  be  either  paid  by  the  treasurer  or 
indorsed  by  him  as  not  paid  for  want  of  funds. 

Section  2769.  ] .  The  interest  and  protection  of  the  taxpayers  require  that 
such  settlement  should  be  made  at  least  twice  a  year,  and  more  frequently  if 
deemed  necessary,  and  the  settlement  at  the  end  of  the  term  requires  that  the 
funds  and  property  shall  be  produced  and  fully  accounted  for,  and  Ihat  these  facts 
should  be  indorsed  upon  the  new  bond  of  the  treasurer,  if  he  is  re-elected.  Code, 
section  1193,  quoted  in  note  8  below.  69  Iowa,  269;  91  Iowa,  198,  and  110 
Iowa,  .S8. 

2.  The  outgoing  treasurer  and  his  bondsmen  have  a  right  to  expect  and  to 
require  that  the  board  shall  make  a  complete  settlement,  and  the  treasurer  may 
demand  and  receive  written  evidence  that  such  settlement  is  complete.  110 
Iowa,  53. 


38  SCHOOL   LA.WS   OF  IOWA. 

the  teachers'  fund,  the  contingent  fund,  and  the  schoolhouse 
fund  held  over,  received,  paid  out,  and  on  hand,  the  several 
funds  to  be  separately  stated,  and  he  shall  immediately  file  a 
copy  of  this  report  with  the  county  superintendent.  [16  G. 
A.,  ch.  112,  §  2;  C.  73,  §  .1751;  R,  §  2051;  C.  '51,  §  1141.] 

3.  The  responsibility  of  the  treasurer  and  his  bondsmen  to  the  district  is 
absolute,  and  it  rests  with  the  treasurer  to  deposit  the  money  in  a  bank,  or  not, 
as  may  seem  best  to  him. 

4.  It  is  not  within  the  power  of  even  the  electors  to  release  the  board  or  its 
officers  from  their  obligation  to  protect  the  funds  of  the  district. 

5.  The  sureties  on  an  official  bond  may  be  held  for  three  years  from  the  time 
that  it  is  presumed  an  irregularity  occurred.     Code,  section    3447.     91   Iowa,  198. 

6.  The  vouchers  of  the  treasurer  should  not  be  destroyed  until  after  three  years 
from  the  expiration  of  a  term  of  office.  The  stub  books  of  the  secretary  should 
also  be  retained,  and  not  destroyed  until  after  several  years. 

7.  In  making  settlement,  the  board  may  submit  a  difference  with  the  treas- 
urer, to  arbitration.     70  lovva,  65 

8.  When  the  incumbent  of  the  office  of  secretary  or  treasurer  is  re-elected,  he 
shall  qualify  anew,  as  directed  by  section  2760  of  the  Code,  and  when  the  re-elected 
officer  has  had  public  funds  or  property  in  his  control,  under  color  of  his  office, 
his  bond  shall  not  be  approved  until  he  has  produced  and  fully  accounted  for  such 
funds  and  property  to  the  proper  person  to  whom  he  should  account  therefor; 
and  the  officer  or  board  approving  the  bond  shall  indorse  upon  the  bond,  before 
its  approval,  the  fact  that  the  said  officer  has  fully  accounted  for  and  produced  all 
funds  and  property  before  that  time  under  his  control  as  such  officer.  Code, 
section  11&3.     110  Iowa,  58. 

9.  When  it  is  ascertained  that  the  incumbent  is  entitled  to  hold  over  by 
reason  of  the  non-election  of  a  successor,  or  for  the  neglect  or  refusal  of  the 
successor  to  qualify,  he  shall  qualify  anew,  within  ten  days.     Code,  section  1275. 

10.  If  any  state,  county,  township,  school  or  municipal  officer,  or  officer  of  any 
state  institution,  or  other  public  officer  within  the  state,  charged  with  the  collec- 
tion, safe  keeping,  transfer  or  disbursement  of  public  money  or  property,  fails  or 
refuses  to  keep  the  same  in  any  place  of  custody  or  deposit  that  may  be  provided 
by  law  for  keeping  sach  money  or  property  until  the  same  is  withdrawn  there- 
from as  authorized  bylaw,  or  keeps  or  deposits  such  money  or  property  in  any 
o*her  place  than  in  such  place  of  custody  or  deposit,  or  unlawfully  converts  to  his 
own  use  in  any  way  whatever,  or  uses  by  way  of  investment  in  any  kind  of  prop- 
erty, or  loans  without  the  authority  of  law,  any  portion  of  the  public  money 
intrusted  to  him  for  collection,  safe  keeping,  transfer  or  disbursement,  or 
converts  to  his  own  use  any  money  or  property  that  may  come  into  his  hands  by 
virtue  of  his  office,  he  shall  be  guilty  of  embezzlement  to  the  amount  of  so  much  of 
said  money  or  the  value  of  so  much  of  said  property  as  is  thus  taken,  converted, 
invested,  used,  loaned  or  unaccounted  for,  and  shall  be  impris:)ned  in  the  peni- 
tentiary not  exceeding  ten  years,  and  fined  in  a  sum  equal  to  the  amount  of 
money  embezzled  or  the  value  of  such  property  converted,  and  shall  be  forever 
after  disqualified  from  holding  any  office  under  the  laws  of  the  state.  Any  such 
officer  who  shall  receive  any  money  belonging  to  the  state,  county,  township, 
school  or  municipality  or  state  institution  of  which  he  is  an  officer  shall  be  deemed 
to  have  received  the  same  by  virtue  of  his  office,  and  in  case  he  fails  or  neglects 
to  account  therefor  upon  demand  of  the  person  entitled  thereto,  he  shall  be  deemed 
guilty  of  embezzlement,  and  shall  be  punished  as  above  provided.  Code,  section 
4840. 


SCHOOL   LAWS   OF   IOWA.  39 

Sec.  2770.  Surrendering  ofB.ce  to  successor.  Each  school 
officer,  upon  the  termination  of  his  term  of  office,  shall 
immediately  surrender  to  his  successor  all  books,  papers  and 
moneys  pertaining  or  belonging  to  the  office,  taking  a  receipt 
therefor.     fC.  '73,  §  1791;  R..  §  2080.] 

Sec.  2771.  Quorum  of  board — filling  vacancies.  A  major- 
ity of  the  board  of  directors  of  any  school  corporation  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time.  Vacancies  occurring 
among  the  officers  or  members  shall  be  filled  by  the  board  by 
ballot,  abd  the  person  receiving  the  highest  number  of  votes 
shall  be  declared  elected,  and  shall  qualify  as  if  originally 
elected  or  appointed.  When  the  board  is  reduced  below  a 
quorum,  by  resignation  or  otherwise,  the  secretary  of  the  board 
shall  call  a  special  election  to  fill  the  vacancies,  giving  notice 
in  the  same  manner  as  for  the  annual  meeting  on  the  second 
Monday  in  March.  [28  G.  A.,  ch.  106;  24  G.  A.,  ch.  19;  C.  73, 
§§  1730,  1738;  R.,  §§  2037-38.] 

11.  The  blanks  for  the  annual  report  of  the  treasurer  are  furnished  by  the 
state,  through  the  county  superintendents. 

12.  Treasurers  should  not  fail  to  mail  a  copy  of  their  annual  report  at  once  to 
the  county  superintendent,  as  only  by  timely  attention  on  the  part  of  the  treas- 
urers, can  the  county  superintendent  compile  and  forward  his  annual  report  to  the 
superintendent  of  public  instruction,  on  the  first  Tuesday  in  October. 

Section  2770.  The  language  of  this  section  includes  copies  of  the  school 
laws,  reports,  and  all  other  publications  which  may  be  received  by  virtue  of  being 
a  school  officer. 

Section  2771.  1.  In  the  absence  of  a  direct  provision  of  law,  or  of  a  by-law 
requiring  a  majority  vote  of  all  the  board,  a  majority  of  the  votes  of  a  quorum 
will  carry  a  measure. 

2.  Boards  have  no  authority  to  remove  any  member  or  officer  of  the  board. 
Such  removal  may  be  made  only  by  the  courts.     Code,  section  1251. 

3.  Wilful  neglect  to  perform  duty  is  a  misdemeanor.     Code,  sections  4904 ,  4906. 

4.  If  a  director  habitually  or  wilfully  neglects  the  duties  of  his  office  he  may 
be  compelled  by  mandamus  to  perform  them.     Section  2822.     50  Iowa,  648. 

5.  A  vacancy  can  be  created  only  by  death,  removal,  resignation,  or  failure 
to  elect  at  the  proper  election,  there  being  no  incumbent  to  continue  in  office. 
Code,  section  1266.  A  failure  to  elect  or  qualify  does  not  create  a  vacancy,  for 
the  incumbent,  whether  elected  or  appointed,  continues  in  office  "until  his  suc- 
cessor is  elected  and  qualified."  Code,  section  1265.  If  the  incumbent  does  not 
qualify,  a  vacancy  exists. 

6.  School  directors  may  resign  at  any  time.  A  verbal  or  written  resignation 
may  be  tendered  to  the  board  when  in  session,  or  a  written  resignation  may  be 
handed  to  some  member  to  be  presented  at  a  subsequent  meeting,  for  acceptance 
by  the  board. 

7.  If  a  subdistrict  is  divided,  so  as  to  form  a  new  one,  the  resident  director 
will  continue  to  act  as  though  no  change  had  been  made,  until  the  following  sub- 
district  election.     Code,  section  2801. 

8.  If  a  person  without  the  requisite  qualifications,  is  elected  a  member  of  the 
board  and  acts  with  the  board,  being  a  member  de  facto,  his  acts  will  be  valid,  but 
when  his  disqualification  becomes  known,  the  board  shall  declare  the  place  vacant 
and  appoint  his  successor.     23  Iowa.  96.     70  Northwestern  Reporter,  592. 


40  SCHOOL    LAWS   OF    IOWA. 

Sec.  2773.  Temporary  officers— course  of  study — regula- 
tions. The  board  shall  appoint  a  temporary  president  and 
secretary,  or  either  of  them,  in  the  absence  of  the  reguhir 
officers,  and  shall  prescribe  a  course  of  study  for  the  schools 
of  the  corporation,  make  rules  and  regulations  for  its  own 
government  and  that  of  the  directors,  officers,  teachers  and 
pupils,  and  the  care  of  the  schoolhouse,  grounds  and  proper- 
ty of  the  school  corporation,  and  aid  in  the  enforcement  of 

9.  A  board  may  ratify  or  adopt  such  acts  of  officers  de  facto  as  the  law  would 
permit  officers  de  jure  to  perform. 

Section  2772.  1.  The  board  of  every  district  should  adopt  a  carefully  pre- 
pared course  of  study,  to  which  the  electors  may  add  other  branches.  This 
department  recommends  and  urges  that  the  state  course  of  study  which  has  been 
published  and  used  for  about  ten  years  be  adopted  in  all  the  ungraded  schools. 

2.  The  law  does  not  prescribe  clearly  the  several  branches  that  shall  be  taught 
in  the  public  schools,  further  than  to  require  most  teachers  to  be  qualified  to  teach 
certain  branches  enumerated.     Section  2736-37. 

3.  It  is  plainly  implied  that  the  common  branches,  including  music,  are  to  be 
included  in  every  course  of  study. 

4.  The  board  of  every  district  has  the  right  to  include  drawing,  or  any  other 
branch,  in  the  course  of  study. 

5.  It  is  the  province  of  the  electors  to  decide  what  branches  beside  those 
named  by  the  board  shall  be  included  in  the  course  of  study  and  taught  in  the 
schools. 

6.  If  it  is  desired  that  higher  arithmetic,  or  any  other  advanced  study,  snail 
be  taught  in  one  or  more  schools  in  the  district,  the  board  should  include  such 
branch  in  the  course  of  study  for  such  school  or  schools. 

7.  The  electors  may  not  limit  nor  restrict  the  board  as  to  a  course  of  study. 
The  most  that  the  electors  may  do  is  to  compel  the  board  to  provide  for  giving 
instruction  in  the  branches  ordered  by  the  electors    to    be  taught  during  the  year. 

8.  The  board  of  directors  may  adopt  rhetorical  exercises  as  a  part  of  the 
course  of  study,  and  teachers  and  scholars  will  be  governed  thereby.  Graduating 
exercises  are  a  part  ot  the  course  of  study  and  the  board  may  direct  what  exercises 
shall  be  held  in  connection  with  the  closing  days  of  school. 

9.  In  mixed  schools  a  close  classification  is  very  desirable.  Time  is  saved, 
larger  classes  are  secured,  and  the  efficiency  and  discipline  of  the  school  are 
promoted  by  such  plan. 

10.  A  condition  may  exist  when  for  a  short  time  a  board  may  be  compelled  to 
provide  by  regulation  that  certain  pupils  shall  attend  only  one-half  of  the  day, 
and  others  of  the  same  grade  the  other  half.  But  such  arrangement  should  not  be 
a  permanent  one. 

11.  A  board  is  discharging  the  duty  incumbent  upon  it  to  provide  equal  school 
facilities  for  all  when  it  does  the  very  best  possible  to  overcome  difficulties,  and 
leaves  nothing  undone  which  it  might  properly  be  expected  to  do. 

12.  Legally  speaking,  the  management  of  the  schools  in  every  essential  respect 
is  entirely  within  the  control  of  the  board.  Teachers  and  scholars  are  governed 
by  the  reasonable  rules  and  regulations  adopted  by  the  board.  In  the  absence  of 
a  rule  upon  any  special  subject  the  action  of  a  teacher  is  supposed  to  be  in  effect 
the  act  of  the  board  until  such  action  is  set  aside  or  disclaimed  by  an  order  of  the 
board  directing  otherwise.     Decisions,  15,  32. 

13.  Each  board  has  exclusive  control  of  the  schoolhouses  in  its  district,  unless 
the  school  township  meeting  has  otherwise  ordered. 


SCHOOL   LAWS   OF   IOWA. 


41 


the  same,  and  require  the  performance  of  duty  by  said  persons 
not  in  conflict  with  law  and  said  rules  and  regulations.     \C  '73 
§§  1730,  1737;  R.,  §  2037.]  '       ' 

Sec.  2773.  Schoolhouse  site— division  of  district— iength 
of  school.  It  may  fix  the  site  for  each  schoolhouse,  taking 
into  consideration  the  geographical  position,  number  and  con- 
venience of  the  scholars,  provide  for  the  fencing  of  school- 
house  sites,  determine  the  number  of  schools  to  be  taught, 
divide  the  corporation  into  such  wards  or  other  divisions  for 
school  purposes  as  may  be  proper,  determine  the  particular 

Section  2773.  I.  The  power  to  locate  sites  for  schoolhouses  is  vested,  origi- 
nally, exclusively  in  the  board.  This  authority  should  be  exercised  with  great 
care,  and  without  prejudice      Decisions,  25  and  33. 

2.  The  wishes  of  the  people,  for  whom  the  house  is  designed,  should  be  con- 
sulted as  far  as  practicable,  taking  into  account  prospective  as  well  as  present 
convenience.     Decisions,  17,  21  and  59. 

3.  A  vote  of  the  electors  upon  matters  which  by  the  law  are  to  be  determined 
by  the  board,  is  not  binding  upon  the  board,  but  is  only  suggestive  to  it.  In  such 
matters  the  board  will  still  be  left  free  to  exercise  the  large  discretion  vested  in  it 
by  the  law. 

4.  The  location  of  schoolhouse  sites  is  an  exclusive  prerogative  of  the  board. 
The  e  ectors  may  not  definitely  limit  a  board  by  vote  or  instructions.  If,  however, 
taxes  or  bDnds  have  been  voted  to  build  upon  a  particular  site,  the  board  may 
not  disregard  such  vote.     100  Iowa,  317.     Decisions,   17. 

5.  A  suggestion  from  the  electors  should  be  taken  into  account  by  the  board 
and  given  such  weight  as  there  is  value  in  the  reasons  upon  which  the  expressed 
wish  of  the  electors  is  based. 

6.  The  board  is  required  to  exercise  its  official  judgment  in  making  the  loca- 
tion best  suited  to  the  needs  of  all  the  people  in  the  district.  The  bearing  of  the 
law  is  the  same  in  all  districts. 

7.  There  is  nothing  in  the  law  fixing  a  standard  as  to  what  is  to  be  considered 
a  reas{>nable  distance  for  children  to  travel  to  school.  Attendance  in  an  adjoin- 
ing distrct  under  such  circumstances  as  to  secure  the  payment  of  tuition  to  the 
adjoining  district  is  governed  by  the  provisions  of  section  2803.     Decisions,  96. 

8.  There  are  many  ©bvious  reasons  why  a  schoolhouse  site  should  not  be 
located  away  from  the  highway.  It  is  highly  desirable  that  the  necessary  high' 
ways  to  a  new  site  should  be  open  before  a  schoolhouse  is  placed  upon  such  site. 

9.  The  removal  of  a  schoolhouse  to  another  site  within  the  same  subd'strict 
is  entirely  within  the  control  of  the  board,  and  a  vote  of  either  the  electors  of  the 
subdistrict  or  of  the  school  township  will  be  only  suggestive.      81  Iowa,  335. 

10.  A  road  to  the  schoolhouse  may  be  established  in  the  game  manner  and  by 
the  proceedings  provided  for  tbe  vjstablishment  of  highways  in  general,  and  when 
the  damages  have  been  assessed,  the  district  may  pay  the  same.  Sections 
1482-1517. 

11.  The  expense  that  is  intended  shall  be  paid  by  the  district  is  not  more 
than  that  of  surveying,  locating  and  establishing  the  highway.  The  building 
of  bridges  and  the  repair  of  the  road  with  the  funds  of  the  district  would  not  be 
warranted  by  the  law. 

12.  After  a  highway  has  become  legally  established  it  is  wholly  and  entirely 
under  the  control  of  the  board  of  supervisors.     Code,  section  1482. 

13.  The  removal  of  a  schoolhouse  from  the  subdistrict  must  be  first  ordered 
by  the  electors,  at  the  township  meeting.     Decisions,  13 


42  SCHOOL   LAWS    OF   IOWA. 

school  which  each  child  shall  attend,  and  designate  the  period 
each  school  shall  be  held  beyond  the  time  required  by  law. 
Every  school  shall  be  free  of  tuition  to  all  actual  residents 

14.  As  a  change  of  boundaries  between  subdistricts  does  not  take  effect  until 
the  subdistrict  meeting  in  March,  the  board  may  not  move  the  schoolhouse  to 
accommodate  the  proposed  new  conditions,  until  after  that  time. 

15.  If  possible,  the  district  should  own  the  sites.  A  perfect  title  should  be 
secured,  and  the  warranty  deed  recorded,  before  commencing  to  build. 

16.  The  property  should  be  conveyed  to  the  district  in  its  corporate  name.  The 
deed  should  be  recorded  and  afterwards  filed  with  the  president.     Form  28. 

17.  A  public  square,  of  a  town  located  wholly  within  an  independent  district, 
may  be  transferred  to  such  district  for  school  purposes.     Code,  sections  931-932. 

18.  In  purchasing  the  grounds  for  schoolhouse  purposes  the  president  should 
require  an  abstract  of  title  and  satisfy  himself  that  the  property  is  free  from 
incumbrance. 

19.  The  site  should  contain  not  less  than  one  acre  of  ground,  ordinarily,  and 
this  exclusive  of  highway.     Section  2814. 

20.  The  provisions  of  section  2814  do  not  apply  when  the  site  is  purchased. 

21.  The  law  does  not  provide  the  number  to  be  accommodated  by  a  new  house 
in  order  that  one  may  be  built.     Decision,  46. 

22.  There  is  nothing  in  law  to  prevent  the  erection  of  more  than  one  school- 
house  in  a  subdistrict.     69  Iowa,  533.     Decisions,  46. 

23.  It  is  the  duty  of  all  boards  of  school  directors  in  school  districts  where  the 
schoolhouse  site  adjoins  the  cultivated  or  improved  lands  of  another,  to  build  and 
maintain  a  lawful  fence  between  said  site  and  cultivated  or  improved  lands;  and 
the  owner  of  lands  adjoining  any  schoolhouse  site  shall  have  the  right  to  connect 
the  fence  on  his  lands  with  the  fences  around  any  schoolhouse  site,  but  he  shall 
not  be  liable  to  contribute  to  the  maintenance  of  the  fence  around  said  site.  27  G 
A.,  chapter  88. 

24.  Section  2357  of  the  code  defines  a  lawful  fence.  The  same  section  pro- 
vides that  a  partition  fence  may  be  made  tight  by  the  party  desiring  it. 

25.  Any  question  upon  which  there  is  a  difference  of  opinion  between  parties 
should  be  submitted  to  the  township  trustees,  who  act  as  fence  viewers,  and  deter- 
mine matters  in  controversy.     Section  2367. 

26.  The  property  of  school  districts  in  cities  and  towns  is  not  exempt  from 
special  taxation,  for  improvement  of  streets  and  laying  of  sidewalks.     55  Iowa,  150. 

27.  In  an  extreme  case  it  may  be  necessary  to  bring  an  action  in  the  name  of 
the  state  before  a  peace  officer  against  any  person  or  persons  wilfully  or  unlaw- 
fully persisting  in  trespassing  upon  the  schoolhouse  grounds  or  wilfully  mterfering 
with  or  disturbing  the  quiet  and  uninterrupted  progress  of  a  public  school. 

28.  If  any  tramp  or  vagrant,  without  permission,  enter  any  schoolhouse  or 
other  public  building  in  the  nighttime,  when  the  same  is  not  occupied  by  another 
or  others  having  proper  authority  to  be  there,  or,  having  entered  the  same  in  the 
daytime,  remain  in  the  same  at  night  when  not  occupied  as  aforesaid,  or  at  any 
time  commit  any  nuisance,  use,  misuse,  destroy  or  partially  destroy  any  private  or 
public  property  therein,  he  shall  be  imprisoned  in  the  penitentiary  not  more  than 
three  years,  or  be  fined  not  exceeding  one  hundred  dollars  and  imprisoned  in  the 
county  jail  not  more  than  one  year.     Code,  section  4793. 

29.  The  board  should  require  from  parties  desiring  to  use  the  schoolhouse, 
security  for  its  proper  use  and  protection  from  other  injury  than  natural  wear. 

30.  It  is  proper  to  permit  the  use  of  schoolhouses  for  the  purpose  of  public 
worship  on  Sunday,  or  for  religious  services,  public  lectures  on  moral  or  scientific 
subjects,  or  meetings  on  questions  of  public  interest,  on  the  evenings  of  the  week. 


jmm' 


SCHOOL   LAWS  OF    IOWA.  43 

between  the  ages  of  li\^e  aad  twenty -one  years,  and  each  school 
regularly  established  shall  continue  for  at  least  twenty-four 
weeks  of  ^ve  school  days  each,  in  each  school  year  commencing 
the  third  Monday  in  March,  unless  the  county  superintendent 
shall  authorize  the  board  to  shorten  this  period  in  any  one  or 
more  schools,  when  in  his  judgment  there  are  sufficient  rea- 

or  at  any  time  when  such  use  will  not  interfere  wiih  the  regular  progress  of  the 
school.     35  to wa,  194.     50  Iowa,  11. 

31.  It  is  not  in  accordance  with  the  meaning  of  the  law  and  the  decisions  of 
the  courts  to  allow  a  schoolhouse  to  be  used  for  a  purpose  requiring  an  admission 
fee.  This  does  not  prevent  a  contribution  being  taken,  but  we  think  free  admis- 
sion should  not  be  denied. 

32.  It  is  believed  that  no  discrimination  should  be  ma-^e  as  to  who  may  attend 
meetings  held  in  a  schoolhouse.  To  make  membership  in  a  particular  society  a 
test  for  attendance  upon  the  meeting  would  seem  to  be  in  conflict  with  the  inten- 
tion of  the  law. 

33.  The  use  of  a  public  school  building  for  Sabbath-schools,  religious  meet- 
ings, debating  clubs,  tempsrance  meetings,  and  the  like,  is  proper.  Especially  is 
this  so  where  abundant  provision  is  made  for  securing  any  damages  which  the 
taxpayer  may  sufiEer  by  reason  of  the  use  for  the  purposes  named.  The  use  of  a 
schoolhouse  for  such  purposes,  when  so  authorized,  is  not  prohibited  by  section  3, 
article  1,  of  the  constitution.     50  Iowa,  11 

34.  In  precincts  outside  of  cities  and  towns  the  election  shall  be,  if  practicable, 
held  in  the  public  school  building,  for  the  use  of  which  there  shall  be  no  charge, 
but  all  damage  to  the  building  or  furniture  shall  be  paid  by  the  county.  Code, 
section  1113. 

35.  If  any  person  wilfully  write,  make  marks  or  draw  characters  on  the  walls 
or  any  other  part  of  any  church,  college,  academy,  schoolhouse,  courthouse  or 
other  public  building,  or  on  any  furniture,  apparatus  or  fixtures  therein;  or 
wilfully  injure  or  deface  the  same,  or  any  wall  or  fence  inclosing  the  same,  he 
shall  be  fined  not  exceeding  onie  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  more  than  thirty  days.     Code,  section  4S02. 

36.  If  any  person  wilfully  disturb  any  assembly  of  persons  met  for  religious 
worship  by  profane  discourse  or  rude  and  indecent  behavior,  or  by  making  a  noise, 
either  within  the  place  of  worship  or  so  near  as  to  disturb  the  order  and  solemnity 
of  the  assembly,  or  if  any  person  wilfully  disturb  or  interrupt  any  school,  school 
meeting,  teachers'  institute,  lyceum,  literary  society  or  other  lawful  assembly  of 
persons,  he  shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than 
thirty  days,  or  by  fine  not  exceeding  one  hundred  dollars.     Section  4959. 

37.  There  are  no  holidays  duriog  which  teachers  are  exempted  by  the  law 
from  teaching,  unless  excused  by  the  board.  A  legal  contract  requires  twenty 
days  of  actual  service  for  a  month. 

38.  In  this  state,  by  comaion  consent  and  universal  custom,  New  Year's 
Day,  Memorial  Day,  Fourth  of  July,  Labor  Day,  Christmas,  and  any  day 
recommended  by  the  governor  or  the  president  as  a  day  of  thanksgiving,  are 
observed  as  holidays. 

39.  It  is  the  commendable  custom  with  very  many  boards,  to  allow  teachers 
and  scholars  the  so-called  holidays,  and  to  pay  the  teachers  as  if  those  days  had 
been  taught. 

40.  There  is  no  provision  of  law  giving  tea-hers  time  to  visit  other  schools. 
Boards  often  grant  teachers  this  privilege,  under  proper  restrictions. 

41.  By  consent  of  the  board,  an  occasional  Saturday  may  be  taught.  But  as 
five  days  are  a  school  week,  the  practice  is  not  to  be  commended. 


44  SCHOOL   LAWS   OF   IOWA. 

sons  for  so  doing.  No  school  shall  be  in  session  during  the 
time  of  holding  a  teachers'  institute  except  by  written  per- 
mission of  the  county  superintendent.     [19  G.  A.,  ch.  172,  §  21; 

42.  If  no  action  has  been  taken  by  the  board  and  the  contract  contains  no  pro- 
vision relating  to  the  matter,  the  custom  prevailing  in  that  school  will  probably 
govern  as  to  the  matter  of  beginning  and  closing  school  re<^sions,  intermissions, 
and  other  like  particulars.  It  is  well  for  the  board  and  the  teacher  to  have  an 
agreement  in  matters  of  this  kind. 

43.  While  the  written  law  does  not  specify  the  length  of  a  school  day,  almost 
universal  custom  has  made  it  six  hours.  The  board  has  the  power  to  shorten  this 
time  somewhat  if  thought- best.  If  no  action  has  been  taken  by  the  boaid,  and  a 
contract  contains  no  provision  relating  to  the  matter,  the  custom  prevailing  in  the 
district  will  probably  govern. 

44.  It  is  within  the  power  of  the  board  to  extend  the  hours  of  school  within 
reasonable  limits,  and  when  necessary  it  may  maintain  a  night  school.  No  person 
may  receive  pay  from  the  funds  of  the  district  for  giving  instruction  outside  of  the 
school  hours  fixed  by  the  board  nor  for  teaching  without  a  certificate.  Section 
2788. 

45.  It  is  entirely  within  the  discretion  of  the  board  to  determine  the  number  of 
months  of  school,  the  time  when  schools  begin,  the  length  of  term,  and  the  time 
and  length  of  vacations. 

46.  As  regards  the  length  of  time  during  which  schools  are  to  be  taught, 
twenty-four  weeks  is  the  minimum.  The  maximum  is  unlimited,  except  as  by 
section  2806,  limiting  the  amount  of  taxes  for  contingent  and  teachers'  fund. 

47.  The  regular  schools  of  the  district  should  be  kept  in  session  an  equal  num- 
ber of  months,  unless  the  time  is  shortened  or  the  school  closed  with  the  consent  of 
the  county  superintendent.     47  Iowa,  11. 

48.  A  suggestion  or  vote  of  the  electors  upon  any  of  these  matters  will  have  no 
binding  force  upon  the  board,  but  such  suggestions  may  be  given  such  weight  by 
the  board  as  their  importance  demands. 

49.  Attendance  is  not  necessarily  governed  by  subdistrict  lines.  The  board 
may  determine  what  school  in  the  township  children  shall  attend,  without  regard 
to  the  boundaries  of  subdistricts. 

50.  Subdistrict  lines  determine  who  may  vote  for  director  of  the  subdistrict, 
and  also  fix  the  limits  of  taxation,  if  the  voters  of  a  subdistrict  vote  a  schoolhouse 
tax  upon  the  subdistrict. 

51.  Usually  and  naturally  in  school  townships  the  subdistrict  will  form  a  suit- 
able division  for  attendance.  But  to  determine  where  children  shall  attend,  the 
board  may  fix  other  limits  than  subdistrict  lines. 

52.  Poor  children,  when  cared  for  at  the  poor-house,  shall  attend  the  district 
school  for  the  district  in  which  such  house  is  situated,  and  a  ratable  proportion  of 
the  cost  of  the  school,  based  upon  the  attendance  of  such  poor  children  to  the  total 
number  of  days'  attendance  thereat,  shall  be  paid  by  the  county  into  the  treasury 
of  such  school  district,  and  charged  as  part  of  the  expense  of  supporting  the  poor- 
house.     Code,  section  2249. 

53.  If  a  board  does  not  maintain  a  school  and  does  not  secure  the  release  from 
the  county  superintendent,  then  anyone  legally  interested  may  apply  to  a  court  for 
a  writ  to  compel  the  board  to  perform  its  duty  in  the  matter  and  to  supply  school 
priv  leges. 

51.  The  board  may  establish  more  than  one  school  when  necessary  for  the 
accommodation  of  the  children,  subject  to  the  limitations  in  section  2806. 

55.     The  board  has  power  to  provide  for  a  longer  period  of  school  than  twenty- 


SCHOOL   LAWS   OF   IOWA.  45 

17  G.  A.,  eh.  54;  15  G.  A.,  ch.  57;  C.  '73,  §§  1724,  1727,  1769; 
R,  §§2023,  2037.] 

Sec.  2774.  Renting  room— instruction  in  other  schools- 
transportation  of  children.  It  may,  when  necessary,  rent  a 
room  and  employ  a  teactier,  where  there  are  ten  chiLdrea  for 
whose  ac<pommodation  there  is  no  schoolhouse;  and  when  the 
board  is  released  from  its  oblig'ation  to  maintain  a  school,  or 
when  children  live  at  an  unreasonable  distance  from  their 
own  school,  the  board  may  contract  with  boards  of  other 
school  townships  or  independent  districts  for  the  instruction 
of  children  thus  deprived  of  school  advantages,  in  any  school 
therein,  and  the  cost  thereof  shall  be  paid  from  the  teachers' 
fund.  And  when  there  will  be  a  saving  of  expense,  and  chil- 
dren will  also  thereby  secure  increased  advantages,  it  may 
arrange  with  any  person  outside  the  board  for  the  transpor- 
tation of  any  child  to  and  from  school  in  the  same  or  in  another 
corporation,  and  such  expsnses  shall  be  Daid  from  the  contin- 
gent fund.  [21  G.  A.,  ch.  124;  16  G.  A.,  ch.  109;  C.  73,  § 
1725.] 

Sec.  2775.  Instruction  as  to  stimulants,  narcotics  and 
poisons.  It  shall  require  all  teachers  to  give  and  all  scholars 
to  receive  instruction  in  physiology  and  hygiene,  which  study 
in  every  division  of  the  subject  shall  include  the  effects  upon 
the  human  system  of  alcoholic  stimulants,  narcotics  and  poi- 

four  weeks.  An  additional  school  in  a  rented  room  continues  during  such  time 
as  the  board  may  determine. 

55.  Inequalities  in  the  requirements  may  demand  that  varying  prices  should 
be  paid  as  wages  for  different  schools.     Decisions,  24. 

57.  The  school  year  for  school  purposes  should  be  regarded  as  beginning  on 
the  third  Monday  in  March,  when  anew  board  enters  upon  its  duties.  The  year 
for  the  reports  closes  in  September. 

58.  All  the  youth  of  the  state  from  five  to  twenty-one  years  of  age,  irrespective 
of  religion,  race  or  nationality,  are  entitled  to  the  same  school  facilities.  While 
schools  may  be  graded  according  to  the  proficiency  of  pupils,  no  discrimination, 
such  for  instance  as  requiring  colored  pupils  to  attend  separate  schools,  can  be 
enforced.     24  Iowa.  266.     41  Iowa,  689. 

Section  2774.  1.  The  board  cannot  provide  an  extra  school  for  the  accom- 
modation of  a  less  number  than  ten  persons  of  school  age.  The  board  may,  how- 
ever, provide  for  their  instruction  in  other  school  corporations,  and  may,  if 
necessary,  provide  for  their  transportation. 

2.  From  the  action  of  the  board  with  regard  to  an  additional  school,  an  appeal 
will  lie  to  the  county  superintendent. 

3.  If  it  is  clearly  shown  to  the  county  superintendent  that  the  board  abused 
its  discretion  in  providing  or  in  refusing  to  provide  such  a  school,  he  may  on 
appeal  reverse  its  action,  and  do  what  the  board  might  have  done. 

4.  The  board  of  scholars  may  not  be  paid  by  the  district. 

Section  2775.  1.  This  study  must  begin  in  the  lowest  primary  class.  In 
what  grade  or  class  it  shall  be  completed  is  to  be  determined  by  the  board. 

2.  Primary  classes  must  be  instructed  orally,  as  the  children  are  not  old 
enough  to  use  or  comprehend  a  book.  But  this  oral  instruction  must  be  outlined 
as  a  course,  and  adop.ed  by  each  board. 


46  SCHOOL    LAWS   OF   IOWA. 

sonous  substances.  The  instruction  in  this  branch  shall  of 
its  kind  be  as  direct  and  specific  as  that  given  in  other  essen- 
tial branches,  and  each  scholar  shall  be  required  to  complete 
the  part  of  such  study  in  his  class  or  grade  before  being 
advanced  to  the  next  higher,  and  before  being  credited  with 
having  completed  the  study  of  the  subject.  [21  Gr.  A.,  ch.  1.] 
Sec.  2776.  Higher  schools— union  schools.  It  shall  have 
power  to  maintain  in  each  district  one  or  more  schools  of  a 
higher  order,  for  the  better  instruction  of  all  in  the  district 
prepared  to  pursue  such  a  course  of  study,  and  it  may  estab- 

3.  The  portion  assigned  to  each  grade  or  class  should  be  thoroughly  mastered 
before  more  advanced  work  is  entered  upon. 

4.  The  work  will  be  best  accomplished  with  the  older  scholars  by  the  use  of  a 
suitable  text-book,  which  it  is  the  duty  of  every  board  to  select  and  adopt. 

5.  The  board  may  forbid  the  use  of  tobacco  on  the  school  grounds. 

6.  Teachers  should  be  careful  to  give  instruction  in  accordance  with  the  spirit 
of  the  law.  The  law  contemplates  that  the  noxious  effects  upon  the  system  of  the 
user  of  any  of  the  articles  named  shall  be  taught. 

7.  Many  other  harmful  effects,  very  properly  emphasized  in  public  lectures, 
are  not  required  to  be  taught  in  the  class  room. 

8.  It  is  not  out  of  place  to  emphasize  the  truth  that  total  abstinence  is  the 
only  sure  way  to  escape  the  evils  arising  from  the  use  of  alcoholic  drinks  and 
tobacco. 

9.  The  alarming  increase  of  the  cigarette  habit  calls  for  united  and  aggres- 
sive action  in  removing  from  the  growing  boy  as  far  as  we  can  possibly  do  so,  the 
temptation  and  opportunity  to  purchase  tobacco.  In  this  way  value  will  be  added 
to  the  instruction  required  to  be  given  in  all  public  schools  as  to  the  effects  of 
narcotics.     Section  5005. 

10.  We  urge  upon  all  teachers  to  co-operate  with  the  authorities  and  with  all 
other  persons  in  creating  and  fostering  a  sentiment  favoring  a  rigid  enforcement 
of  the  law  regarding  the  sale  or  giving  of  tobacco  to  boys.     Code,  secton  5005. 

11.  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects  of 
stimulants  and  narcotics,  until  the  outline  upon  that  branch,  as  adopted  by  the 
board,  has  been  completed. 

12.  The  law  does  not  mean  that  a  scholar  must  necessarily  study  this  branch 
continuously  during  his  entire  school  life,  unless  the  course  of  study  adopted  by 
the  board  so  provides. 

13.  A  board  cannot  shift  the  responsibility  by  simply  providing  that  teachers 
shall  give  instruction  in  this  branch .  It  must  see  to  it  that  the  work  is  actually 
done  by  the  teachers  as  the  law  requires. 

14.  To  teach  a  special  branch,  a  person  may  receive  a  state  or  county  certifi- 
cate for  that  study  only,  and  is  not  required  also  to  be  examined  as  provided  for 
teachers  in  general.     Sections  2630  and  2736. 

15.  County  superintendents  should  know  that  every  teacher  is  complying  fully 
with  this  statute,  and  any  teacher  failing  or  refusing  to  teach  as  required,  may  not 
be  permitted  to  continue  in  the  work  of  teaching.     Section  2737. 

16.  The  proper  remedy  to  secure  an  enforcement  of  these  provisions,  as  of 
other  mandatory  requirements,  is  application  to  a  court  of  law  for  a  writ  of  man- 
damus.    Code,  section  4341. 

Section  2776.  1.  With  its  power  to  establish  and  maintain  graded  and  higher 
schools,  every  board  is  invested  with  authority  to  prescribe  a  course  of  study  in 
the  different  branches  to  be  taught. 


SCHOOL    LAWS   OF   IOWA. 


47 


lish  graded  or  union  schools  and  determine  what  branches 
shall  be  taught  therein,  but  the  course  of  study  shall  be  sub- 
ject to  the  approval  of  the  superintendent  of  public  instruc- 
tion; an^  it  may  select  a  person  who  shall  have  gtineral  super- 
vision of  the  schools  in  any  district  subject  to  the  control  of 
the  board.     [C.  '73,  §  1726;  R.,  §  2037.) 

Sec.  2777.  Kindergarten  department.  The  board  may 
establish  within  any  independent  school  district,  in  connection 
with  the  common  schools,  kindergarten  departments  for  the 
instruction  of  children,  to  be  paid  for  in  the  same  manner  as 
other  grades  and  departments.  Any  teacher  in  kindergartens^ 
shall  hold  a  certificate  from  the  county  superintendent  certi- 
fying that  the  holder  thereof  has  been  examined  upon  kinder- 
garten principles  and  methods,  and  is  qualified  to  teach  in 
kindergartens.     [26  G.  A.,  ch.  38.] 

Sec.  2778.  Contracts —election  of  teachers.  The  board 
shall  carry  into  effect  any  instruction  from  the  annual 
meeting  upon  matters  within  the   control   of   the  voters,  and 

2.  A  high  fcchool,  open  to  the  older  and  more  advanced  scholars,  may  be 
advantageously  established  at  some  central  point  in  the  school  township. 

3.  It  is  very  desirable  that  boards,  county  superintendent,  and  teachers 
should  work  together  in  efforts  to  classify  and  harmonize  the  work  to  be  done  in 
the  ungraded  schools.  Much  may  be  accomplished  by  concert  of  action  in  carry- 
ing forward  some  uniform  method  of  classification  and  instruction. 

4.  The  electors  may  not  limit  nor  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the  electors  may  name.  Nor  may  the 
electors  direct  that  a  particular  branch,  or  certain  studies,  shall  not  be  taught. 
It  is  the  province  of  the  electors  to  decide  what  branches  besides  those  named  by 
the  board,  shall  be  included  in  the  course  of  study  and  taught  in  the  schools. 
Section  2749. 

5.  The  best  use  of  the  term  graded  or  union  school  is  that  referring  to  a  group 
of  different  schools  or  rooms  containing  scholars  of  varying  ages  and  attainments, 
but  divided  by  rooms  and  classes  into  sections  in  which  each  may  do  the  best 
work  and  gain  for  himself  the  greatest  good. 

Section  2777.  It  may  well  be  doubted  whether'the  board  in  any  district  may 
provide  for  the  instruction  of  children  below  the  minimum  school  age.  The  con- 
stitution of  the  state  does  not  seem  to  contemplate  that  public  money  shall  be  used 
to  provide  schooling  for  any  below  five  years  of  age.     Section  2773. 

Section  2778.  1 .  The  law  requires  the  board  to  make  all  contracts  necessary 
to  carry  out  any  vote  of  the  district,  and  the  president  t3  sign  all  contracts  made  by 
the  board,     bection  275 J. 

2.  It  is  the  duty  of  the  board  to  make  contracts  for  the  erection  of  schoolhouses, 
when  the  means  have  been  provided  by  the  electors. 

3.  The  electors  frequently  assume  to  exercise  powers  not  granted  them  by  the 
law.     They  have  only  such  powers  as  are  specifically  named  in  the  law. 

4.  Boards  should  not  involve  the  district  in  an  indebtedness  for  the  erection  of 
schoolhouses  by  contracts  and  the  issue  of  orders  to  exceed  the  amount  voted  bj" 
the  electors,  or  of  available  schoolhouse  funds. 

5.  Unappropriated  schoolhouse  funds  may  be  disposed  of  by  the  electors, 
under  section  2749,  for  improvements,  such  as  fencing  schoolhouse  sites,  providing 
wells,  etc.,  or  the  same  maybe  transferred  to  either  the  teachers'  or  contingent 
fund,  and  the  board  is  required  to  carry  out  the  vote  of  the  electors. 


4S  SCHOOL  LAWS  OF   IOWA. 

shall  elect  all  teachers  and  make  all  contracts  necessary  or 
proper  for  exercising  the  powers  granted  and  performing  the 
duties  required  by  law.  But  the  board  may  authorize  any 
subdirector  to  employ  teachers  for  the  schools  in  his  sub- 
district.  Contracts  with  teachers  must  be  in  writing,  and 
shall  state  the  length  of  time  the  school  is  to  be  taught,  the 
compensation  per  week  of  five  school  days  or  month  of  four 
weeks,  and  such  other  matters  as  may  be  agreed  upon,  signed 

6.  Any  unappropriated  schoolhouse  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  schoolhouses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

7.  A  lightning  rod  maybe  supplied  as  a  part  of  a  new  house,  and  paid  for 
from  the  schoolhouse  fund.     51  Iowa,  432. 

8.  The  board  may  anticipate  the  levy  and  collection  of  schoolhouse  taxes 
already  voted,  and  issue  orders  to  build  as  directed  by  the  electors.     51  Iowa,  102. 

9.  A  vote  of  the  board  may  be  rescinded,  if  matters  have  not  become  involved 
making  such  reconsideration  impossible,  such  as  the  acceptance  of  a  contract  under 
the  vote  in  question,  or  the  filing  of  an  appeal. 

10.  The  responsibility  of  choosing  teachers  may  not  be  tfansferred  to  persons 
outside  the  board.  They  must  all  be  elected  by  the  board,  except  in  school  town- 
ships wherein  the  board  may  at  its  discretion  authorize  any  subdirector  to  employ 
teachers  for  his  subdistrict.     28  G.  A. ,  chapter  107. 

11.  If  a  director  desires  to  teach  the  school  in  his  own  subdistrict,  he  should 
first  resign  as  director,  because  it  would  not  only  be  unwise  but  contrary  to  pub- 
lic policy  to  permit  a  board  of  directors  to  contract  in  the  name  of  the  district  with 
one  of  its  own  number.     78  Iowa,  .37. 

12.  The  law  impliedly  limits  the  duration  of  a  contract  between  the  teacher 
and  the  board  to  the  school  year  as  such  school  year  is  determined  by  the  board. 

13.  Our  supreme  court  has  held  '  'that  an  examination  of  the  statutes  leads  to 
the  inevitable  conclusion  that  the  legislature  intended  such  contracts  to  be  limited 
in  duration  to  the  school  year  as  determined  by  the  board  of  directors."  107 
Iowa,  29. 

14.  The  opinion  last  cited  also  makes  it  plain  that  no  board  of  directors  has 
the  right,  prior  to  the  election  and  organization  of  the  new  board  in  March,  to 
elect  and  contract  with  a  teacher  for  the  ensuing  year. 

15.  The  department  of  public  instruction  should  not  be  expected  to  give  any 
opinion  upon  questions  involving  the  validity  of  a  contract.  Such  questions  are 
for  the  courts. 

16.  The  board  should  grant  a  compensation  to  be  paid  the  teacher  according 
to  the  circumstances  and  requirements  of  each  school. 

17.  The  teacher  is  entitled  to  a  copy  of  the  contract.  This  copy  should  be 
signed  by  the  president,  and  in  all  other  respects  should  be  a  duplicate  of  the 
original  contract. 

18.  A  board  may  not  question  nor  discredit  in  any  manner  a  valid  certificate 
held  by  a  teacher,  but  may  demand  proof  of  special  attainments  desired  by  it 
before  engaging  a  teacher. 

19.  If  the  board  adds  extra  branches  to  the  course  of  study,  then  the  person 
desiring  to  contract  as  teacher  may  first  be  required  to  secure  from  the  county 
superintendent  a  certificate  for  each  of  such  additional  branches. 

20.  To  the  branches  adopted  by  the  board,  the  electors  of  any  district  may 
add  such  other  branches  they  deem  best  to  have  taught.  But  before  attemp  ing 
to  give  instruction  in  any  branch  the  teacher  must  have  a  certificate  to  teach  such 
branch . 


SCHOOL   LAWS   OF   IOWA.  '  ^9 

by  the  president  and  teacher,  and   filed  with  the  secretary 
before  the  teacher  commences  to  teach  under  such  contract. 
[28  G.  A.    ch.  107;  22  G.  A.,  ch.  60;  C.  73,   ^^  1723,  1757-  R 
§§  2037,  'i055.]  '   ^^  '  '  ■^•' 

Sec.  2779.  Erection  or  repair  of  schoolhouse.  It  shall 
not  erect  a  schoolhouse  without  first  consulting  with  the 
county  superintendent  as  to  the  most  approved  plan  for  such 

21.  It  is  the  duty  of  our  school  authorities  to  provide  for  schools  having  non- 
English  speaking  scholars,  the  best  instruction  available,  in  order  that  all  the 
children  may  acquire  rapidly  a  correct  use  of  English,  and  become  acquainted  as 
soon  as  possible,  with  the  spirit  and  genius  of  our  American  institutions. 

22.  The  law  specifically  requires  that  contracts  with  teachers  must  b3  in 
writing.  Both  boards  and  teachers  should  see  that  this  requirement  is  complied 
with. 

23.  There  is  no  provision  of  law  to  prevent  the  employment  of  a  relative  of 
a  member  of  the  board  as  teacher. 

24.  A  contract  violating  the  terms  of  the  law  is  wholly  illegal  and  void,  but 
the  persons  signing  such  contract  may  be  held  personally  for  its  performance. 
37  Iowa,  314. 

25.  The  law  provides  in  section  2782  the  manner  in  which  a  teacher  may  be 
discharged,  and  the  board  may  not  attempt  to  provide  any  other  method  of  ter- 
minating the  contract.     g2  Iowa,  686;  100  Iowa,  328;  110  Iowa,  313;  111  Iowa,  20. 

26.  Any  person  interested  in  having  a  verbal  contract  carried  into  execution 
may  apply  to  a  court  for  a  writ  of  mandamus  to  compel  the  signing  of  the  written 
contract.  In  this  way  all  matters  in  controversy  will  be  brought  before  a  court  in 
such  a  raancer  as  to  secure  a  speedy  and  conclusive  determination  of  the  different 
questions  involved. 

27.  All  matters  agreed  upon  should  be  incorporated  into  the  written  contract. 
The  law  presumes  that  the  written  contract  embraces  the  entire  agreement  of  the 
parties.     52  Iowa,  130. 

28.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that 
onlv  the  usual  common  branches  and  others  included  in  the  course  of  study  for  the 
school,  are  expected  to  be  taught. 

29.  The  president  should  require  the  teacher  to  produce  his  certificate,  which 
he  should  carefully  examine  before  signing  the  contract. 

30.  If  it  is  desired  that  branches  additional  to  those  included  in  the  certificate 
held  by  the  teacher  shall  be  taught,  such  fact  should  be  mentioned  as  a  part  of  the 
contract,  and  the  teacher  should  have  a  certificate  for  such  additional  branch  or 
branches,  before  beginning  to  teach. 

31.  When  a  contract  has  been  signed,  the  president  should  file  the  original 
with  the  secretary  before  the  opening  of  school.  The  teacher  should  retain  a 
duplicate  of  the  contract. 

Section  2779.  1.  Before  making  a  contract  great  pains  should  be  taken  to 
obtain  the  best  possible  plan  for  the  building.  On  this  point  the  law  requires  con- 
sultation with  the  county  superintandent.  The  written  approval  of  the  plan  by 
the  county  superintendent  should  be  secured. 

2.  Contracts  for  the  erection  or  repair  of  schoolhouses,  or  for  material  for  the 
same,  exceeding  $300,  cannot  be  entered  into  until  proposals  have  been  published 
at  least  twenty-eight  days. 

3.  Contracts  must,  in  al' cases,  be  made  according  to  the  instructions  and  direc- 
tions of  the  board,  and  after  being  made  they  should  be  reviewed  by  the  board 
before  any  work  is  done. 

4 


50  SCHOOL   LAWS   OF   IOWA. 

building  and  securing  his  approval  of  the  plan  submitted,  nor 
shall  any  schoolhouse  be  erected  or  repaired  at  a  cost  exceed- 
ing three  hundred  dollars  save  under  an  express  contract 
reduced  to  writing,  and  upon  proposals  therefor,  invited  by 
advertisement  for  four  weeks  in  some  newspaper  published  in 
the  county  in  which  the  work  is  to  be  done,  and  the  contract 
shall  be  let  to  the  lowest  responsible  bidder,  bonds  with  sure- 
ties for  the  faithful  performance  of  the  contract  being 
required,  but  the  board  may  reject  any  and  all  bids  and 
advertise  for  new  ones.     [C.  '73,  §  1723;  R.,  §  2037.] 

Sec.  2780.  Allcwance  of  claims — settlements — com.pensa- 
tion  of  officers.  It  shall  audit  and  allow  all  just  claims 
against  the  corporation,  and  no  order  shall  be  drawn  upon  the 

4.  The  surety  has  the  right  to  stand  upon  the  terms  of  the  original  contract, 
and  any  material  change  therein  without  his  consent,  affecting  the  subject  matter 
of  the  contract  even  to  a  slight  degree,  will  exonerate  him.     50  Iowa,  98. 

5.  Contracts  made  in  violation  of  the  terms  of  this  section  are  illegal.  Their 
fulfillment  may  be  prevented  by  injunction. 

6.  The  local  board  of  health  has  undoubted  right  to  condemn  and  close  for 
use  as  a  schoolhouse  a  building  unfit  for  such  purpose.     Section  2568. 

7.  The  district  may  not  form  a  partnership  in  building  a  schoolhouse.  But 
this  does  not  prevent  its  receiving  donations. 

8.  District  property  is  exempt  from  general  taxation,  from  execution,  from 
garnishment,  and  from  mechanic's  lien.     51  Iowa,  70. 

9.  When  a  schoolhouse  tax  has  been  voted,  the  board  may  anticipate  its  levy 
and  collection  and  issue  orders  to  build.  Such  orders  may  not  bear  a  higher  rate 
of  interest  than  six  per  cent.     50  Iowa,  102.     Note  8  to  section  2778. 

10.  In  building  a  schoolhouse,  it  is  important  to  secure  plans  of  the  building, 
with  full  specifications  as  to  its  dimensions,  style  of  architecture,  number  and  size 
of  windows  and  doors,  quality  of  materials  to  be  used,  what  kind  of  roof,  number 
of  coats  of  paint,  of  what  material  the  foundation  shall  be  constructed,  its  depth 
below  and  its  height  above  the  surface  of  the  ground,  the  number  and  style  of 
chimneys  and  flues,  the  provisions  for  ventilation,  the  number  of  coats  of  plaster- 
ing and  style  of  finish,  and  all  other  items  in  detail  that  may  be  deemed  necessarv. 
The  plans  and  specifications  should  be  attached  to  the  contract,  and  the  whole 
filed  with  the  secretary. 

11.  When  a  schoolhouse  is  built  or  repaired  under  contract,  the  board  should 
not  neglect  to  examine  the  work  carefully  in  ordtr  to  determine  that  the  contract 
has  been  fully  complied  with,  before  it  directs  the  payment  of  monty. 

12.  The  aggregate  amount  to  which  the  sureties  are  required  to  qualify  is 
double  the  amount  of  the  bond  required.     Code,  section  358. 

13.  As  a  rule  it  is  unsuitable  for  a  member  of  the  board  to  become  a  surety 
for  an  officer  of  the  board,  or  to  appear  as  surety  upon  any  other  bond  which  is  to 
receive  the  approval  of  the  board.. 

14.  The  board  is  sole  judge  as  to  what  constitutes  the  lowest  responsible  bid- 
der. If  the  contract  is  regular  in  other  respects,  a  couit  would  not  be  likely  to 
interfere,  although  lower  bids  in  amount  were  offered,  and  rejected  oy  the  board. 

15.  In  case  of  failure  to  close  the  contract  with  the  bid  accepted  under  an 
advertisement,  if  it  is  desired  to  make  a  new  attempt  to  contract,  it  will  be  neces- 
sary to  advertise  anew  for  bids. 

Section  2780.  1.  It  is  the  duty  of  the  board  to  examine  all  contracts  for  the 
employment  of  teachers,  the  construction  of  schoolhouses,  or  for  any  other  pur- 


SCHOOL    LAWS   OF   lOVVA.  5^ 

treasury  until  the  claim  therefor  has  bee  a  audited  and 
allowed;  iHi  shall  from  time  to  time  examine  the  accounts  of 
the  treasurer  and  make  settlements  with  him;  shall  present  at 
each  regular  meeting  of  the  electors  a  full  statement  of  the 
receipts  had  and  expenditures  made  since  the  preceding  meet- 
ing, with  such  other  information  as  may  be  considered  impor- 
tant; and  shall  ^x  the  compensation  to  be  paid  the  secretary 
and  treasurer.  But  no  member  of  the  board  shall  receive 
compensation  for  official  services.  [C.  '73,  §§  1732-3,  1738, 
1813;  R.  §§  2037-8;  C.  '51,  §§  1146,  1149.] 

Sec.  2781.  Financial  statement.  It  shall  publish  in  each 
independent  city  or  town  district  two  weeks  before  the  annual 
school  election,  by  one  insertion  in  one  or  more  newspapers, 
if  any  are  published  in  such  district,  or  by  posting  up  in 
writing  in  not  less  than  three  conspicuous  places  in  the  dis- 
pose, and  to  see  that  the  stipulations  have  been  complied  with,  before  directing 
the  payment  of  money  thereon. 

2.  If  the  board  audits  a  claim  and  directs  orders  drawn,  the  officers  of  the 
board  will  be  warranted  in  following  the  direction  of  the  board,  unless  it  is  clearly 
manifest  that  an  attempt  is  being  made  to  violate  a  plain  provision  of  law.  The 
responsibility  in  such  a  case  rests  very  largely  with  the  board. 

3.  This  section  contemplates  that  a  full  report  of  the  affairs  of  the  district 
shall  be  made  by  the  board  at  each  annual  meeting  of  the  electors.  This  work 
appropriately  devolves  upon  the  secretary,  unless  the  board  designates  otherwise. 
When  practicable  the  report  may  be  published  in  a  newspaper. 

4.  An  order  issued  on  a  claim  which  has  not  been  audited  and  allowed  is  void. 
39  Iowa,  490. 

5.  Only  the  secretary  and  the  treasurer  may  receive  compensation  for  the 
discharge  of  duties  required  by  law. 

6.  The  evident  intent  of  the  law  is  that  no  member  of  the  board  may  receive 
pay  out  of  the  funds  of  the  district  for  any  work  done  for  the  district  in  any 
capacity  whatever.     87  Iowa,  31. 

7.  A  court  would  be  likely  to  hold  a  contract  made  with  a  member  of  the 
board,  to  be  in  violation  of  the  law,  contrary  to  public  policy,  and  void. 

8.  To  pay  any  member  of  the  board  for  the  performance  of  official  duties,  is 
in  direct  opposition  to  the  law,  and  an  open  violation  of  the  oath  of  office.  For 
locating  sites,  receiving  buildings  on  the  completion  of  contracts,  or  for  any  other 
official  duty,  a  member  clearly  cannot  receive  pay. 

9.  If  a  person  desires  to  secure  pay  from  the  district  there  seems  to  be  no  other 
way  than  for  him  to  refuse  to  become  a  member  of  the  board,  or  if  a  member,  to 
resign  from  the  board. 

10.  It  is  not  within  the  power  of  the  electors  to  vote  compensation  or  remu- 
neration of  any  kind,  to  the  members  of  the  board  or  to  officers  of  the  board,  for 
their  official  services.     Nor  may  the  board  vote  compensation  to  any  member. 

11.  The  official  trust  of  a  member  of  the  board  many  not  be  delegated.  It  is 
apparent  that  as  there  is  no  way  in  which  a  member  may  receive  compensation 
for  discharging  official  duties,  he  may  not  contract  with  another  person  to  be  paid 
from  the  district  funds  for  performing  the  same  services,  as  a  substitute  for  the 
member  of  the  board. 

Section  2781.  1.  This  statement  should  show  in  detail  the  receipts  and 
expenditures  for  each  fund,  followed  by  an  estimate  of  the  amount  required  fo.- 
each  fund,  to  maintain  the  schools  for  the  ensuing  year. 


52  SCHOOL   LAWS  OF   IOWA. 

trict,  a  detailed  and  specific  statement  of  the  receipts  and 
disbursements  of  all  funds  expended  for  school  and  building* 
purposes  for  the  year  preceding  such  annual  election.  And 
the  said  board  of  directors  shall  also  at  the  same  time  publish 
in  detail  an  estimate  of  the  several  amounts  which,  in  the 
judgment  of  such  board,  are  necessary  to  maintain  the  schools 
in  such  district  for  the  next  succeeding  school  year.  [C.  '73, 
§§  1734-5,  1756;  R.,  §§  2037,  2054;  C.  '51,  §  1147.'] 

Sec.  2782  Visiting  schools  —  regulations  —  discharge  of 
teacher — expulsion  of  scholar.  It  shall  provide  for  visiting 
the  schools  of  the  district  by  one  or  more  of  its  members  and 

2.  The  detailed  and  specific  statement  of  the  receipts  and  disbursements  of  all 
funds  expended,  should  be  sufficiently  itemized  to  show  tke  amount  received  from 
each  separate  source,  and  the  amount  expended  for  each  particular  purpose. 

3.  This  statement  is  for  the  information  of  the  electors,  but  they  should  not 
vote  upon  the  amount  of  tax  to  be  levied  for  contingent  aad  teacher^'  funds,  as 
these  amounts  are  determined  by  the  board.     Section  2806. 

4.  The  board  must  have  the  statement  published  at  least  once  in  a  newspaper, 
if  one  is  printed  in  the  district.  This  publication  should  be  had  two  weeks  before 
the  annual  school  election. 

5.  The  fee  for  printing  the  statement  is  fixed  by  law.     Code,  section  1293. 

6.  In  preparing  the  annual  statement  for  publication,  minute  details  of  all  the 
items  need  not  be  given.  This  would  render  it  uselessly  troublesome  to  prepare, 
and  expensive  to  publish.  Such  general  results  and  classified  items  as  will  enable 
the  electors  fully  to  comprehend  the  proceedings  of  the  board,  are  all  that  the  law 
requires.  The  statistics  of  the  school  may  be  added  if  the  board  thinks  proper, 
but  the  law  does  not  require  it. 

Section  2782.  1.  A  conscientious  compliance  with  the  requirements  regard- 
ing visitation  would  greatly  increase  the  efficiency  of  the  schools.  There  are  very 
many  things  that  may  be  best  ascertained  by  visiting  the  school,  inspecting  the 
work  of  the  pupils,  and  conversing  with  the  teacher.  The  teacher  can  accom- 
plish the  best  results  only  when  he  is  sure  of  hearty  co-operation  and  support. 

2.  Boards  have  entire  control  over  the  public  schools  of  their  district  and  the 
teachers  employed  therein. 

3.  Rules  and  regulations  governing  teachers  and  scholars  may  be  adopted 
and  enforced  by  the  board,  as  the  best  interests  of  the  schools  may  seem  to 
require.     Decisions,  15  and  32. 

4.  The  force  and  effect  of  any  motion  adopted  by  the  board  does  not  terminate 
with  a  change  of  officers  or  members,  but  remains  in  force  until  repealed.  35 
Iowa,  361. 

5.  The  teacher  is  the  agent  of  the  board,  and  rules  made  by  him  and  enforced 
with  either  formal  or  tacit  consent,  are  in  effect  the  rules  of  the  board. 

6.  If  it  is  understood  that  the  principal  of  a  school  has  charge  of  other  rooms 
besides  his  own,  he  has  the  same  power  in  managing  the  children  that  is  by  law 
given  to  other  teachers. 

7.  The  privilege  of  free  instruction  in  the  public  schools  is  one  conferred  by 
legislative  enactment,  under  constitutional  direction,  and  the  privilege  is  subject 
to  legislative  regulation.  The  right  to  attend  school  is  not  absolute,  but  is  con- 
ditional upon  compliance  with  the  rules  and  the  essential  conditions. 

8.  Chapter  128,  Laws  of  the  Twenty-ninth  General  Assembly,  makes  provision 
for  compulsory  attendance  at  school. 

9.  The  board   may  prescribe  a   course   of    study  and  determine  in  connection 


SCHOUL  LAWS   OF   IOWA.  53 

aid  the  teachers  in  the  government  thereof,  and  enforcing  the 
rules  and  reo-ulations  of  the  board.  It  may,  by  a  majority 
vote  discharge  any  teacher  for  incompetency,  inattention  to 

with  that  course  of  study  the  time  during  the  year  in  which  certain  specified 
branches  shall  be  pursued.  This  is  a  necessity  in  order  to  secure  an  economical 
division  of  labir  on  the  part  of  the  teaching  force,  particularly  in  a  large  school, 

10.  The  parent  cannot  expect  that  a  class  shall  be  formed  whenever  asked  for 
at  anytime  in  the  school  year,  for  the  special  accommodation  of  one  or  more  to  the 
disadvantage  of  the  many  and  to  the  detriment  of  the  school. 

11.  It  is  quite  necessary  to  carry  out  carefully  a  close  plan  of  classification  and 
instruction,  and  to  provide  what  time  in  the  year  certain  classes  shall  begin  the 
study  of  the  branches  to  be  taught  during  that  portion  of  the  year.  To  this  end 
this  department  recommends  and  urges  the  adoption  of  the  state  course  of  study 
in  all  ungraded  schools. 

12.  A  condition  may  exist  when  for  a  short  time  a  board  may  be  compelled  to 
provide  by  regulation  that  certain  pupils  shall  attend  only  one-half  of  the  day, 
and  others  of  the  same  grade  the  other  half.  But  such  arrangement  should  not  be 
regarded  as  a  permanent  one. 

13.  If  a  board  attempts  to  do  the  very  best  it  can  within  the  law  to  overcome 
the  inconveniences  surrounding  it,  leaving  nothing  undone  which  it  might  prop- 
erly be  expected  to  do,  it  is  discharging  the  duty  incumbent  upon  it  to  provide 
equal  school  facilities  for  all. 

14.  It  is  within  the  power  of  a  board  to  require  the  study  of  the  common 
branches,  or  of  other  elementary  studies  that  are  in  the  course  of  study  adopted 
by  the  board,  before  advancing  the  scholar  to  other  more  difficult  subjects. 

15.  Scholars  not  able  to  carry  the  work  of  the  classes  being  taught  may  yet  be 
allowed  to  attend  the  school  and  get  what  good  they  may  from  listening  to  the 
work  which  is  being  done.  In  this  way  a  child  would  not  be  absolutely  excluded 
from  the  school  privileges  guaranteed  to  him  by  the  law. 

16  If  a  child  becomes  the  source  of  undue  annoyance  to  others,  although 
through  no  fault  of  his  own,  he  may,  if  absolutely  necessary  for  the  good  of  thy 
school,  be  forbidden  attendance.     31  Iowa,  562,  top  of  page  569.     Note  58,  below. 

17.  On  the  other  hand  the  spirit  of  our  laws  does  not  support  an  interference 
with  personal  or  individual  rights  except  when  such  control  or  restriction  may 
become  absolutely  necessary  in  order  to  protect  others  in  the  enjoyment  of  the 
rights  guaranteed  to  them  by  the  law.  The  true  idea  is  to  bring  all  of  school  age 
within  the  salutary  influence  of  the  school  and  to  keep  them  there  if  possible. 

18.  Undoubtedly  the  parent  and  teacher  have  joint  control  over  the  scholar 
on  his  way  to  and  from  school.  The  pupil  becomes  subject  to  the  control  of  thi 
board  as  soon  as  he  leaves  home  for  school  and  continues  within  such  control 
until  he  again  reaches  the  home  of  the  pare  at.  It  is  very  desirable  that  co-opera- 
tion and  a  mutual  desire  to  promote  the  best  good  of  the  scholar  should  be  sought 
by  the  parents  and  the  school  authorities. 

19.  It  is  the  duty  of  the  teacher,  under  the  direction  of  the  board,  to  deter- 
mine what  branches  can  best  be  pursued  by  each  scholar. 

20.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that 
only  the  usual  common  branches  and  those  included  in  the  course  of  study  for  the 
school  are  expected  to  be  taught. 

21.  If  it  is  desired  that  higher  arithmetic  or  any  other  advanced  study,  shall 
be  taught  in  one  or  more  schools  in  the  district,  the  board  should  include  such 
branch  in  the  course  of  study  for  such  school  or  schools,  and  require  the  teacher 

to  obtain  a  valid  certificate  in  such  branch  before  beginning  school. 


54  SCHOOL  LAWS   OF  IOWA. 

duty,  partiality,  or  any  ^ood  cause,  after  a  full  and  fair  inves 
tigation  made  at  a  meeting  of  the  board  held  for  that  purpose, 
at  which  the  teacher  shall  be  permitted  to  be  j)resent  and 

22.  It  is  not  within  I  lie  province  of  individual  persons  to  demand  instruction 
outside  the  branches  usually  taught. 

23.  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects 
of  stimulants  and  narcotics,  until  the  outline  upon  that  branch,  as  prepared  by 
the  board,  has  been  completed.     Note  12  to  section  2775. 

24.  It  becomes  the  duty  of  every  teacher  to  follow  the  plan  of  work  indicated 
in  the  course  of  study.  When  difficulties  are  met,  if  no  other  person  has  general 
supervision,  the  matter  may  be  brought  to  the  attention  of  the  board. 

25.  As  regards  classification,  the  board  has  absolute  control.  But  as  the 
teacher  is  by  common  consent  presumed  to  know  what  will  be  best  for  all,  custom 
has  left  to  him  the  making  of  the  program  and  the  placing  of  scholars  in  the 
proper  classes. 

26.  If  a  scholar  is  found  to  be  so  deficient  in  the  common  branches  that  he  is 
unable  to  take  the  work  in  a  class  more  advanced,  without  detriment  to  the  class 
and  to  himself,  it  is  plain  that  he  may  be  classified  in  each  branch  where  he  is 
likely  to  receive  the  greatest  good.  The  penalty  for  not  pursuing  a  suitable 
course  of  study  will  be  found  in  the  fact  that  such  scholars  may  be  denied  promo- 
tion, and  may  not  be  allowed  to  graduate. 

27.  In  connection  with  the  course  of  study,  the  board  should  designate  the 
teaching  helps  and  apparatus  to  be  used,  and  should  also  arrange  to  furnish  such 
appliances  as  soon  as  they  are  needed. 

28.  The  teacher  may  beheld  responsible  for  the  eflficient  discharge  of  every 
dut}'^  properly  attached  to  his  office,  including  the  exercise  of  due  diligence  in  the 
oversight  and  preservation  of  school  buildings,  grounds,  furniture,  apparatus, 
and  other  school  property,  as  well  as  the  more  prominent  work  of  instruction  and 
government. 

29.  Parties  doing  damage  to  school  property  are  responsible  for  the  same. 
The  teacher  is  bound  to  exercise  reasonable  care  to  protect  and  preserve  school 
property,  and  failing  to  do  so  may  be  held  liable  for  damages. 

30.  If  the  rules  and  regulations  of  the  board  do  not  provide  otherwise  the 
teacher  has  the  right  in  proper  cases  to  inflict  corporal  punishment  upon  refractory 
scholars.  In  the  proper  exercise  of  his  authority,  to  maintain  good  order,  and  to 
require  of  all  the  scholars  a  faithful  performance  of  their  duties,  the  teacher  is 
entitled  to  the  support  and  co-operation  of  the  board. 

31.  In  the  choice  of  a  kind  of  punishment  and  in  the  selection  of  an  instru- 
ment, as  well  as  in  determining  the  degree  of  punishment  to  be  administered,  the 
teacher  must  exercise  a  sound  discretion. 

32.  Corporal  punishment  is  best  reserved  as  a  last  resort  and  should  be  used 
only  when  it  is  believed  that  no  other  gentler  measure  will  secure  the  reformation 
of  the  offender.  Dismissal  from  school  by  the  proper  authority  is  a  still  more 
extreme  remedy  than  corporal  punishment.     45  Iowa,  248. 

33.  It  is  the  duty  of  the  board  to  see  that  schoolhouses  are  kept  in  repair, 
clean,  and  in  good  order  for  school  use.  Neither  the  teacher  nor  the  scholars 
should  be  expected  to  scrub  or  wash  out  the  schoolhouse.  The  light  sweeping  of 
daily  use  is  often  done  by  them  on  their  own  motion,  but  this  cannot  be  required 
of  the  scholars,  nor  of  the  teacher  unless  he  contracts  to  take  special  care  of  the 
house  in  such  respects. 

34.  The  board  should  have  the  schoolhouse  cleaned  as  frequently  as  it  needs 
such  attention  in  order  to  keep  it  in  good  order  for  school  use.     No  mtmberof  the 


SCHOOL  laws'  of   IOWA.  5- 

make  defense,  allowing  him  a  reasonable  time  therefor  It 
may  by  a  majority  vote  expel  any  scholar  from  school  for 
immorality  or  for  a  violation  of  the  regulations  or  rules  estab- 

board  may  receive  pay  for  such  work,  but  any  other  person  may  be  paid  from  the 
contingent  fund. 

35.  Janitor  work  cannot  be  required  of  the  teacher  unless  an  agreement  to  do 
the  same  has  been  made  a  part  of  the  contract,  and  neither  the  teacher  nor  the 
board  may  require  that  such  work  shall  be  done  by  the.  pupils.  If  a  scholar  has 
made  unnecessary  litter  in  the  schoolroom  or  about  his  seat  he  may  be  required 
as  a  punishment  to  sweep  up  the  same.  But  this  is  quite  another  matter  than 
doing  the  ordinary  janitor  work. 

36.  Making  fires  and  sweeping  the  schoolroom  are  not,  properly,  a  part  of 
the  teacher's  duties.  In  rural  districts  .teachers  frequently  perform  this  labor  as  a 
matter  of  convenience  and  economy.  Those  unwilling  to  do  this  work,  or  who 
expect  to  receive  pay  for  it,  should  so  stipulate  when  entering  into  the  contract  to 
teach.     Section  2778.     Decisions,  26. 

37.  The  board,  for  what  seem  good  reasons,  may  provide  for  a  short  vacation. 
But  the  term  included  in  the  contract  cannot  be  shortened,  without  the  consent 
of  both  parties.     Note  52,  below. 

38.  It  is  lawful  and  quite  usual  for  a  board  to  give  teachers  holidays  and 
make  no  deduction  irom  their  wages.  The  teacher,  however,  may  not  claim  it  as 
a  right. 

39.  If  a  teacher  is  at  the  schoolhouse  at  the  proper  time,  and  remains  during 
school  hours,  he  is  entitled  to  pay  therefor,  according  to  his  contract,  whether 
scholars  are  present  or  not. 

40.  As  a  rule  it  is  highly  undesirable  to  close  a  school  on  account  of  an  epi- 
demic. But  if  the  local  board  of  health  or  the  board  of  directors,  closes  a  school 
on  account  of  the  presence  of  a  contagious  disease,  or  for  like  reason,  the  teacher 
is  entitled  to  pay  for  such  time  accordmg  to  his  contract. 

41.  When  a  school  is  closed  for  a  short  time,  for  cau  es  beyond  the  control  of 
the  teacher,  the  courts  will  be  likely  to  hold  that  the  teacher  is  entitled  to  his  pay 
according  to  the  terms  of  his  contract.  Such  cases  are  best  settled  by  compro- 
mise between  the  parties. 

42.  If  the  schoolhouse  is  destroyed,  or  the  school  is  closed  indefinitely  by 
causes  beyond  the  control  of  either  party  to  the  contract,  the  teacher  being  ready 
to  comply  with  his  part,  can  collect  pay  according  to  contract.  If  said  teacher 
uses  proper  diligence  to  secure  employment  at  something  which  he  can  do,  and 
secures  such  employment,  the  district  will  pay  him  the  difference  between  the 
amount  received  in  his  new  work  and  the  amount  of  his  wages  under  the  contract. 
In  other  words,  his  actual  loss  should  be  made  good.  Opinion  of  Attorney- 
General. 

43.  Teachers  are  entitled  to  the  support  and  co-operation  of  the  board.  It  is 
alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher  that  no  one 
should  be  discharged  except  after  thorough  investigation  and  the  clearest  proof. 
If  possible  the  teacher  should  be  shielded  from  the  stigima  of  discharge. 

44  In  the  trial  of  a  teacher,  when  it  is  sought  to  dismiss  him,  all  the  provisions 
of  law  must  be  strictly  complied  with.  The  board  must  allow  the  teacher  to  mike 
a  full  defense,  and  the  teacher  may  appear  by  attorney,  or  otherwise,  as  he 
chooses.     Decisions,  83. 

45.  Boards  may  dismiss  teachers  only  for  good  cause  shown.  In  case  the 
board  passes  an  order  to  dismiss,  the  material  reason  therefor  should  be  spread 
upon  the  record,  for,  while  in  case  of  contest,  these  reasons  would  not  be  coaclu- 


56  SCHOOL   LAWS   OF   IOWA. 

lished  by  the  board,  or  when  the  presence  of  the  scholar  is 
detrimental  to  the  best,  interests  of  the  school,  and  it  may 
confer  upon  any  teacher,  principal  or  superintendent  the  power 

sive  against  the  teacher,  the  board  would  be  estopped  from  presenting  other 
reasons  than  those  named  in  the  lecord.     Decisions,  72. 

46.  When  a  teacher  is  unjustly  dismissed,  an  appeal  maybe  taken  from  the 
action  of  the  board  in  dismissing  him,  but  a  suit  at  law  must  be  brought,  if  he 
seeks  to  recover  his  pay  upon  the  contract.  The  teacher  should  be  paid  only  to 
the  date  of  legal  dismissal.     53  Iowa,  585.     69  Northwestern  Reporter,  419. 

47.  The  order  of  the  board  discharging  or  refusing  to  discharge  a  teacher  is 
more  largely  a  discretionary  than  a  judicial  act.  In  this,  as  in  other  matters,  the 
very  large  discretionary  powers  of  the  board  must  be  respected,  and  on  appeal 
their  conclusion  may  not  be  questioned  without  the  most  convincing  testimony. 

48.  The  contract  with  the  teacher  may  be  terminated  by  discharge  after  the 
investigation  provided  for  in  this  section,  by  revocation  of  certificate,  or  by  mutual 
agreement  between  the  parties. 

49.  By  universal  consent,  and  certainly  by  the  spirit  of  our  school  law,  it  is 
expected  of  teachers  that  they  refrain  from  improper  language,  keep  the  Sabbath 
day  with  respect,  and  in  every  other  way  avoid  practices  or  company  that  are 
demoralizing  in  their  tendencies. 

50.  This  section  provides  the  only  manner  in  which  a  teacher  may  be  dis- 
charged, and  the  parties  to  the  contract  should  not  attempt  to  provide  any  other 
method  of  terminating  the  contract.  A  discharge  by  any  other  method  is  illegal. 
82  Iowa,  683. 

51.  The  certificate  being  in  the  nature  of  a  commission  cannot  be  attacked 
coUateially. 

52.  The  obligations  between  the  parties  to  a  contract  to  teach  are  reciprocal. 
A  teacher  would  have  good  cause  to  complain  if  a  board  desired  to  remove  him 
because  it  had  an  opportunity  to  secure  a  better  teacher.  Yet  in  such  a  case  if  an 
agreement  can  be  made  annulling  the  contract,  such  arrangement  would  be  legal. 
But  the  teacher  may  insist  that  the  board  keep  its  part  of  the  contract  in  the  same 
spirit  that  he  intends  to  keep  his  part.  The  same  is  true  if  it  is  the  teacher  who 
desires  to  have  the  contract  annulled. 

53.  The  regulations  of  the  state  board  of  health  require  every  person  entering 
any  public  school  to  give  satisfactory  evidence  of  protection  by  vaccination. 
Boards  of  directors  and  local  boards  of  health  also  have  the  power  to  require  all 
persons  who  desire  to  attend  the  public  schools  to  furnish  evidence  of  successful 
vaccination. 

54.  The  board  should  exclude  children  coming  from  houses  where  there  are 
contagious  diseases,  and  should  enforce  the  rule  that  children  not  vaccinated  shall 
not  be  admitted  until  they  conform  to  the  regulation  demanding  such  protection. 

55.  The  board  has  full  control  in  all  matters  relating  to  the  government  and 
welfare  of  the  schools.  A  scholar  subject  to  fits  or  spasms  may  be  excluded  from 
school  by  the  majority  of  the  board  if  the  presence  of  such  scholar  is  thought  to 
interfere  materially  with  the  progress  of  the  school.  Any  one  aggrieved  by  the 
exclus  on  of  such  scholar  has  the  speedy  remedy  of  application  to  a  court  for  his 
reinstatement.     Note  16  to  section  2782. 

56.  It  is  the  duty  of  every  board  of  directors  to  co-operate  with  the  local  board 
of  health  in  encouraging  the  vaccination  of  all  school  children  not  already  pro- 
tected by  vaccination.  The  board  of  directors  may  not  compel  vacciiation,  but 
the  majority  vote  of  the  board  will  exclude  from  the  schools  any  one  who  will  not 
comply  with  such  reasonable  rule  of  the  board  of  health. 

57.  The  board  will  be  justified  in  refusing  to   permit  the  attendance  of  a  chili 


1 


SCHOOL   LAWS   OF   IOWA.  57 

temporarily  to  dimiss  a  scholar,  notice  of  such  dismissal 
being  at  once  given  in  writing  to  the  president  of  the  board. 
When  a  scholar  is  dismissed   by   the  teacher,   principal   or 

whose  parent  will  not  consent  that  the  scholar  shall  obey  the  ru  es  of  the  school. 
31  Iowa,  562,  and  50  Iowa,  145. 

58.  The  right  to  attend  school  is  not  absolute,  but  is  conditional  upon  compli- 
ance with  the  rules  and  regulations  of  the  board. 

59.  A  board  may  not  adopt  a  rule  which  will  deprive  a  child  of  school  privi- 
leges, except  as  a  punishment  for  breach  of  discipline  or  an  offense  against  good 
morals.     55  Iowa,  476. 

60.  Any  rule  of  the  school,  not  subversive  of  the  rights  of  the  children  or 
parents,  or  in  conflict  with  humanity  and  the  precepts  of  divine  law,  which  tends 
to  advance  the  object  of  the  law  in  establishing  public  schools,  must  be  considered 
reasonable  and  proper.     31  Iowa,  562. 

61.  It  is  competent  for  boards  to  provide  by  rules  that  pupils  maybe  suspended 
fro  n  the  schools  in  ca>5e  the/  shall  be  absent  or  tardy  a  certain  number  of  times 
with.n  a  fix3d  period,  except  for  sickness  or  other  unavoidable  cause.  31  Iowa, 
562. 

62.  The  parent  ha:s  no  right  to  interfere  with  the  order  or  progress  of  the 
school  by  detaining  his  child  at  home,  or  by  sending  him  at  times  that  prove  an 
annoyance  or  hindrance  to  others.     31  Iowa,  552. 

63.  If  the  effects  of  acts  done  out  of  school  hours  reach  within  the  schoolroom 
during  school  hours,  and  are  detrimental  to  good  order  and  the  best  interests  of 
the  pupils,  it  is  evident  that  such  acts  may  be  forbidden.     31  Iowa,  562. 

64.  We  believe  our  courts  will  sustain  boards  in  recognizing  flagrant  offenses 
having  a  direct  and  immediate  tendency  to  injure  the  sch'^ol,  to  brmg  contempt 
upon  the  teacher,  or  to  subvert  the  authority  of  the  board,  even  though  sAich 
offenses  may  be  committed  away  from  the  school  grounds,  and  out  of  school 
hours.  And  if  boards  find  it  necessary  in  their  opinion,  to  adopt  and  enforce 
reasonable  regulations  in  such  cases,  we  believe  their  action  will  not  be  interfered 
with. 

65.  The  law  does  not  provide  that  the  board  is  compelled  to  give  scholar  or 
parents  notice  or  chance  for  defense,  before  ordering  suspension  or  expulsion  of 
the  scholar.  The  board  has  large  discretionary  powers.  This  is  one  of  the 
matters  wholly  within  its  discretion.  But  it  would  be  well  for  the  board  care- 
fully to  investigate  the  charges,  before  dismissing  any  scholar.  Decisions,  32 
and  91. 

66.  For  good  cause,  a  teacher  may  suspend  without  fixing  the  time,  notice 
being  also  at  once  given  to  the  board. 

67.  Suspension  is  the  se\  a  ation  of  the  scholar  Irom  the  sch3ol  for  a  limited 
time,  and  it  may  be  either  for  Dad  conduct,  for  unnecessaiy  absence  or  tardiness, 
or  as  a  sanitary  measure. 

68.  The  period  of  time  fixed  by  the  board  during  which  suspension  or  expul- 
sion shall  be  in  force,  should  be  clearly  indicated  in  the  voce  of  the  majority  of  the 
board,  as  spread  upon  the  records.  Conditions  upon  which  earlier  readmission  is 
provided  for,  may  very  properly  be  given  in  the  same  connection. 

69.  The  true  idea  is  to  bring  all  within  the  salutary  influence  of  the  school, 
and  to  drive  none  out,  but  cases  sometimes  occur  in  which  it  becomes  necessary 
for  the  board  to  protect  the  rights  of  the  many  by  excluding  a  scholar  whose 
presence  and  example  are  a  constant  menace  to  the  successful  progress  of  the 
school. 

70.  The  teacher  has  control  over  scholars  during  school  hours,  subject  to  the 
regulations  of  the  board.     He  may  require  a  scholar  to  remain  in  his  seat  dur- 


58  SCHOOL   LAWS  OF   IOWA. 

superintendent,  as  above  provided,  he  may  be  re-admitted  by 
such  teacher,  principal  or  superintendent,  but  when  expelled 
by  the  board  he  may  be  re-admitted  only  by  the  board  or  in 
the  manner  prescribed  by  it.     [Same.] 

Sec.  2783.  Use  of  contingent  fund— free  text-books.  It 
may  provide  and  pay  out  of  the  contingent  fund  to  insure 
school  property  such  sum  as  may  be  necessary,  and  may  pur- 
chase dictionaries,  library  books,  maps,  charts  and  apparatus 
for  the  use  of  the  schools  thereof  to  an  amount  not  exceeding 
twenty-five  dollars  in  anyone  year  for  each  school  room  under 

ing  recess  as  a  punishment.  However,  it  is  not  wise  to  deprive  children  to  any- 
great  extent,  of  the  exercises  necessary  to  their  physical  well-being. 

71.  The  teacher  has  as  full  control  over  scholars  during  recess  as  at  other 
times  within  the  school  hours  fixed  by  the  board. 

72.  The  teacher  may,  for  the  maintenance  of  his  authority  and  the  enforce- 
ment of  discipline,  legally  inflict  chastisement  upon  a  pupil.  The  punishment 
should,  however,  be  inflicted  only  for  some  definite  offense  which  the  pupil  has 
committed,  and  the  pupil  should  be  given  to  understand  what  he  is  being  pun- 
ished for.     50  Iowa,  145;  45  Iowa,  248. 

73.  Teachers  should  exercise  watchful  care  and  oversight  as  regards  the  con- 
duct and  habits  of  their  scholars,  not  only  during  school  hours,  recesses  and 
intermissions,  but  also  within  reasonable  limits  while  they  are  coming  to  and 
returning  home  from  school. 

74.  For  good  cause,  a  teacher  may  dismiss  a  scholar  from  school  work  with- 
out fixing  the  time,  and  require  him  to  leave  the  school  premises,  notice  being 
also  at  once  given  to  the  director  or  to  the  president  of  the  board. 

75.  The  teacher  is  responsible  for  the  discipline  of  his  school,  and  for  the 
progress  and  deportment  of  his  scholars.  It  is  his  imperative  duty  to  maintain 
good  order  and  require  of  all  a  faithful  performance  of  their  duties.  If  he  fails  to 
do  so  he  is  unfit  for  his  position.  To  enable  him  to  discharge  these  duties  effectu- 
ally, he  must  necessarily  have  the  power  to  enforce  prompt  obedience  to  his 
requests.  For  this  reason  the  law  gives  him  the  power,  i-"  proper  cases,  to 
inflict  punishment  upon  refractory  scholars.     Decisions,  15. 

76.  In  applying  correction,  the  teacher  must  exercise  sound  discretion  and 
judgment,  and  should  choose  a  kind  of  punishment  adapted  not  only  to  the 
offense,  but  to  the  offender.  Corporal  punishment  is  a  severe  remedy,  and  its  use 
should  be  reserved  for  the  baser  faults.     Decisions,  14. 

77.  In  50  Iowa,  145,  the  suggestion  is  made  that  expulsion  by  the  board  rather 
than  severe  corporal  punishment  by  the  teacher,  is  a  good  remedy  in  case  of 
repeated  and  continuous  violation  of  the  rules. 

78.  In  the  school  as  in  the  family  there  exists  on  the  part  of  the  children  the 
obligation  of  obedience  to  lawful  commands,  subordination,  civil  deportment, 
respect  for  the  rights  of  others,  and  fidel  ty  to  duty.  These  obligations  are  inher- 
ent in  any  proper  school  system,  and  constitute  the  common  law  of  the  school. 
Every  scholar  is  presumed  to  know  this  law,  and  be  subject  to  it,  whether  it  has 
or  has  not  been  by  the  board  placed  in  the  form  of  written  rules  .and   regulations. 

Section  2783.  1.  This  section  confers  upon  all  boards  the  right  to  insure 
Bchool  property,  and  this  duty  should  not  be  neglected.  Insurance  of  school 
property  may  be  effected  either  in  a  stock  or  mutual  company  which  is  legally 
authorized  to  do  business  in  the  state.     Code,  section  1759. 

2.  Purchases  of  records,  dictionaries,  apparatus,  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  section  2824,  but  all  such 
articles  will  be  bjught  under  this  section.     Note  4  to  section  2824. 


^ 


SCHOOL  LAWS  OF   IOWA.  59 

its  charge;  and  may  furnish  school  books  to  indigent  children 
when  they  are  likely  to  be  deprived  of  the  proper  benefits  of 
school  unless  so  aided;  and  shall,  when  directed  by  a  vote  of 
the  district,  purchase  and  loan  books  to  scholars,  and  shall 
])rovide  by  levy  of  contingent  fund  therefor.  [26  G.  A.,  ch. 
37;  25  G.  A-,  ch.  34;  21  G.  A.,  ch.  107;  19  G.  A.,  ch.  149,  §  1; 
0.  '73,  §  1729.] 

Sec.  2784.  Water-closets.  It  shall  give  special  attention 
to  the  matter  of  convenient  water-closets  or  privies,  and  pro- 
vide on  every  schoolhouse  site,  not  within  an  independent  city 
or  town  district,  two  separate  buildings  located  at  the  farthest 
point  from  the  main  entrance  to  the  schoolhouse,  and  as  far 
from  each  other  as  may  be,  and  keep  them  in  wholesome  con- 
dition and  good  repair.     In  independent  city  or  town  districts, 

3.  Definite  provision  should  be  made  by  the  board  for  the  usual  necessary 
contingent  expenses  of  the  schools  during  the  year,  before  contingent  fund  is 
taken  to  purchase  any  of  the  articles  named  in  this  section.     Section  2768. 

4.  There  can  be  no  doubt  that  one  of  the  purposes  of  the  school  is  to  teach 
patriotism  to  the  children.  The  board  may  use  available  contingent  funds  to  pur- 
chase a  flag  to  be  used  as  apparatus  in  the  schoolroom,  on  the  school  building, 
or  upon  the  school  grounds. 

5.  A  purchase  of  apparatus  made  with  the  consent  of  the  board  when  not  in 
session,  is  a  clear  violation  of  the  law.  A  member  of  the  board  who  does  not  wish 
to  become  implicated  in  a  transaction  discreditable  to  the  board  and  unprofitable 
to  the  district  should  refuse  his  consent  to  such  an  agreement. 

6.  Membbrs  of  boards  giving  orders  for  apparatus  in  their  individual  capacity 
assume  personal  responsibilicy  and  may  thus  render  themselves  liable  for  payment 
as  individuals. 

7.  The  members  of  a  school  board  cannot,  by  a  prearrangement  or  contract 
entered  into  when  not  in  session,  bind  themselves  afterwards  to  ratify  or  confirm 
contract  or  engagement  thus  entered  into.  The  distinction  here  is  that  while  a 
board,  in  session,  may  ratify  a  contract  made  out  of  session,  the  members  cannot 
individually  bind  themselves  to  do  so. 

8.  These  provisions  afford  all  districts  the  opportunity  to  supply  free  books, 
so  that  every  child  may  continuously  enjoy  the  privileges  of  school.  It  is  believed 
that  if  districts  will  take  action  in  accordance  with  the  spirit  of  the  law,  the  per- 
centage of  attendance  at  school  can  be  materially  increased,  and  the  usefulness  of 
our  schools  to  all  the  children,  greatly  enhanced. 

9.  Much  of  the  success  of  free  text-books  will  depend  upon  the  rules  and  regu- 
lations adopted  by  the  board  to  govern  the  use  and  care  of  such  books.  The 
board  should  take  more  than  the  usual  pains  to  adopt  plain,  comprehensive,  and 
effective  rules  for  the  guidance  of  all  concerned. 

Section  2784.  1.  This  provision  of  the  law  requiring  it  to  take  special  pains 
with  regard  to  oulbaildiogs  is  mandatory  upon  every  board.  A  director  may  not 
refuse  to  carry  into  effect  instructions  from  the  board  with  regard  to  such  a  matter. 
And  a  board  refusing  to  give  attention  to  the  subject  risks  a  censure  from  a  court 
if  its  failure  or  refusal  to  provide  proper  facilities  as  regards  privies  or  water-closets 
is  brought  to  the  attention  of  a  court.     Section  2?22. 

2.  The  last  part  of  the  section  means  that  wnen  separate  water-closets  out  of 
doors  are  included  under  one  roof,  then  the  fence  to  separate  the  approaches  shall 
be  built  in  the  form  directed.  When  outbuildings  are  distinct  and  at  a  distance 
from  each  other,  the  law  does  not  require  the  fence  to  be  built. 


60  SCHOOL  LAWS   OF    IOWA. 

where  it  is  inconvenient  or  undesirable  to  erect  two  separate 
outhouses,  several  closets  may  be  included  under  one  roof, 
and  if  outside  the  schoolhouse  each  shall  be  separated  from 
the  other  by  a  brick  wall,  double  partition,  or  other  solid  or 
continuous  barrier,  extending  from  the  roof  to  the  bottom  of 
the  vault  below,  and  the  approaches  to  the  outside  doors  for 
the  two  sexes  shall  be  separated  by  a  substantial  close  fence 
not  less  than  seven  feet  high  and  thirty  feet  in  length.  [25 
G.  A.,  eh.  3.] 

Sec.  2785.  Duties  of  director — contracts.  The  board  of 
directors  of  a  school  township  may  authorize  the  director  of 
each  subdistrict,  subject  to  its  regulations,  to  make  contracts 
for  the  purchase  of  fuel,  the  repairing  or  furnishing  of  school- 
houses,  and  all  other  matters  necessary  for  the  convenience 
and  prosperity  of  the  schools  in  his  subdistrict.  Such  con- 
tracts shall  be  binding  upon  the  school  township  only  when 

3.  Every  teacher  worthy  of  the  name  will  see  to  it  that  this  law  is  observed  in 
its  spirit,  and  will  call  the  attention  of  the  board  to  any  necessity  for  special  attioa 
on  its  part.  In  country  districts  it  is  highly  desirable  that  the  teacher  should 
carry  the  keys  to  the  outbuildings,  and  should  bestow  no  Ifsss  of  watchful  care 
upon  them  than  is  given  to  the  schoolhouse  itself. 

4.  If  any  person  wilfully  write,  make  marks,  or  draw  characters  on  the  walls 
or  any  other  part  of  any  church,  college,  academy,  schoolhouse,  courchouse  or 
other  public  building,  or  on  any  furniture,  apparatus  or  fixtures  therein;  or  wil- 
fully injure  or  deface  the  same,  or  any  wall  or  fence  inclosing  the  same,  he  snail 
be  lined  not  exceeding  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
more  than  thirty  days.     Code,  section  4802. 

5.  Very  much  depends  upon  teachers  to  determine  the  manner  in  which  this 
law  is  observed,  A  listless  indiflference,  a  half-hearted  activity,  a  want  of  confi- 
dence, will  defeat  the  purpose  of  the  law  for  the  time  at  least.  Serious  considera- 
tion, a  high-ramded  approbation  of  its  intention,  a  courageous  insistence  upon  us 
observance,  together  with  untiring  attention  and  frequent  inspection,  will  make 
the  law  a  continued  success.  No  conscientious  teacher  will  be  irresolute,  when 
the  immeasurable  interests  involved  are  regarded. 

6.  Teachers  should  not  hesitate  to  bring  the  case  of  persistent  offenders  to  the 
attention  of  the  board.  As  a  last  resort  it  may  become  necessary  for  the  board 
to  invoke  the  assistance  of  the  peace  officers.  It  sometimes  happens  that  nothing 
less  than  the  strong  arm  of  the  civil  authorities  is  able  to  compel  a  respect  for  law, 
and  a  decent  regard  for  the  rights  of  others.  No  community  may  justly  claim  to 
be  a  moral  people,  who  knowingly  fail  to  guard  and  preserve  the  purity,  the 
morals,  and  the  health,  of  its  children  and  youth. 

Section  2785.  1.  It  is  a  general  statement  that  nearly  all  the  powers  of  the 
director  are  to  be  exercised  under  the  regulations  of  the  board.  Any  person  about 
to  contract  is  bound  to  know  what  restrictions  have  been  made,  and  should  be 
governed  accordingly. 

2.  The  director  is  clothed  with  certain  general  powers  by  this  section,  but 
these  are  to  be  exercised  under  the  direction  of  the  board.  The  board  must 
instruct  him,  for  example,  as  to  the  extent  of  repairs,  and  prices  to  be  pa^d  lor 
same,  and  the  amount  and  cost  of  fuel. 

3.  School  officers  are  possessed  of  specially  defined  powers  and  should  attempt 
to  exercise  no  others,  except  such  as  ariss  by  lair  implication  from  those  granted. 
110  Iowa,  652. 


SCHOOL  LAWS   OF    IOWA.  gj 

approved  by  the  president  of  the  board,  and  must  be  reported 
to  the  board.  Each  director  shall,  between  the  first  and  tenth 
days  of  September  in  each  year,  prepare  a  list  of  the  heads 
of  families  in  his  subdistrict,  the  number  and  sex  of  all  chil- 
dren of  school  age,  and  by  the  fifteenth  day  of  said  month 
1  eport  this  list  to  the  secretary  of  the  school  township,  who 
shall  make  full  record  thereof.  The  powers  specified  in  this 
section  cannot  be  exercised  by  individual  directors  of  inde- 
pendent districts.  [C.  '73,  §§  1753-5;  R,  §§  2052-3;  C.  '51,  §§ 
1124,  1142.1 


4.  No  director  has  authority  to  make  a  ccn tract  in  behalf  of  the  school  town- 
ship, except  under  specific  instructions  of  the  board. 

5.  All  contracts  made  by  the  director  must  be  approved  by  the  president  and 
reported  to  the  board. 

6.  If  a  director  intentionally  violates  law  he  becomes  personally  liable.  14 
Iowa,  510;  17  Iowa,  155;  24  Iowa,  337;  and  38  Iowa,  47. 

7.  If  an  agent  makes  a  valid  contract  without  authority,  he  is  himself  bound 
thereby.     37  Iowa,  314. 

8.  It  is  a  violation  of  law  for  a  board  to  pay  any  member  of  the  board  for 
labor  as  a  building  committee,  for  attendance  at  meetings,  or  for  any  other  service 
performed  for  the  district,  whether  official  in  character  or  not.     Section  2780. 

9.  A  member  may  not  be  employed  by  the  board  to  oversee  the  building  of  a 
schoolhouse  and  receive  pay  therefor,  or  to  act  in  any  like  capacity  for  which  he 
would  be  paid  from  the  funds  of  the  district.  Such  engagement  is  contrary  to 
public  policy  and  clearly  illegal.     78  Iowa,  37,  and  87  Iowa,  81. 

10.  It  is  the  duty  of  the  director  to  file  any  contract  at  once  with  the  president 
of  the  board,  and  secure  his  approval 

11.  No  director  has  power  to  bind  the  district  by  any  contract,  unless  he  is 
authorized  by  the  board  to  make  such  contract.  A  person  making  a  contract 
without  authority  may  become  himself  bound.  The  president  mav  not  lawfully 
approve  a  contract  unless  it  is  made  in  accordance  with  all  the  limitations  imposed. 

12.  The  approval  of  the  director's  contract  by  the  president  is  a  mandatory 
act,  which  he  cannot  refuse  to  perform,  if  the  contract  is  made  in  compliance 
with  instructions  from  the  board,  and  otherwise  conforms  to  the  law. 

13.  The  record  book  containing  the  enumeration  correctly  filled  out  will  be  of 
much  assistance  to  the  director  each  year.     Form  34. 

14.  Children  at  a  state  institution,  or  a  private  school,  should  not  be  enumer- 
ated, unless  they  actually  reside  in  the  district. 

15.  The  failure  of  a  director  to  make  the  report,  as  required  by  this  section, 
will  reduce  the  semi-annual  apportionments  for  the  year,  since  they  are  made  upon 
the  enumeration  of  persons  of  school  age.     Note  4  to  section  2739. 

16.  In  school  townships  the  secretary  should  require  every  director  to  mal:e 
this  report  promptly,  and  should  insist  that  it  be  made  in  writing,  and  certified  to 
f^e  correct. 

17.  A  wilful  failure  or  refusal  on  the  part  of  the  director  to  make  the  report  to 
the  secretary  as  required,  may  be  found  by  the  courts  to  be  a  misdemeanor. 
Code,  section  4904,  and  section  2822. 

18.  In  case  a  director  fails  to  make  his  annual  report  as  required  the  secretary 
should  at  once  collect  the  statistics  necessary  for  a  complete  report.  The  board 
should  insist  on  promptness  in  preparing  this  report,  and  then  should  give  the 
secretary  a  suitable  compensation  for  his  lab  rs.     Section  2764  and  2765. 


62  SCHOOL  LA.WS   OF   IOWA. 

Sec.  2786.  Industrial  exposition.  The  board  of  any 
school  corporation  or  the  director  of  any  subdistrict  deeming 
it  expedient  may,  under  the  direction  of  the  county  superin- 
tendent, hold  and  maintain  an  industrial  exposition  in  connec-  • 
tion  with  the  schools  of  such  district,  such  exposition  to  con- 
sist in  the  exhibit  of  useful  articles  invented,  made  or  raised 
by  the  pupils,  by  sample  or  otherwise,  in  any  of  the  depart- 
ments of  mechanics,  manufacture,  art,  science,  agriculture  and 
the  kitchen,  such  exposition  to  be  held  in  the  school  room,  on 
a  school  day,  as  often  as  once  during  a  term,  and  not  of  tener  • 
than  once  a  month,  at  which  the  pupils  participating  therein 
shall  be  required  to  explain,  demonstrate  or  present  the  kind 
and  plan  of  the  articles  exhibited,  or  give  its  method  of  culture; 
and  work  in  these  several  departments  shall  be  encouraged, 
and  patrons  of  the  school  invited  to  be  present  at  each  exhibi- 
tion.    [15  G.  A.,  ch.  64.] 

Sec.  2787.  Shade  trees.  The  board  of  each  school  cor- 
poration shall  cause  to  be  set  out  and  properly  protected 
twelve  or  more  shade  trees  on  each  schoolhouse  site  where 
such  trees  are  not  growing.  The  county  superintendent,  in 
visiting  the  several  schools  of  his  county,  shall  call  the  atten- 
tion of  any  board  neglecting  to  comply  with  the  requirements 
of  this  section  to  any  failure  to  carry  out  its  provisions.  [19 
G.  A.,ch.  23.] 

Sec.  2788.  Teacher — qualifications.  No  person  shall  be 
employed  as  a  teacher  in  a  common  school  which  is  to  receive 
its  distributive  share  of  the  school  fund  without  having  a 
certificate  of  qualification  given  by  the  county  superintend- 

Section  2787.  1.  Trees  should  be  set  out  on  all  schoolhouse  sites  where  good, 
thrifty  shade  trees  are  not  already  growing,  whether  such  site  was  secured  by 
purchase,  by  lease,  by  gift,  or  by  condemnation  under  sections  2814-2816. 

2.  County  superintendents  should  not  fail  to  call  the  attention  of  boards  of 
directors  to  the  provisions  of  this  section.  The  annual  Arbor  Day  affords  a  good 
opportunity  for  planting  trees  and  otherwise  improving  the  school  grounds. 

Section  2788.  1.  The  teacher  must  have  a  certificate  during  the  whole  term 
of  school.  He  is  not  authorized  to  teach  a  single  day  beyond  the  period  named 
in  his  certificate,  nor  to  give  instruction  in  any  subject  which  he  does  not  hold  a 
valid  credential  to  teach.  In  case  of  a  violation  of  this  section  the  county  superin- 
tendent should  promptly  notify  the  ofl&cers  of  the  board. 

2.  If  a  person  is  teaching  without  a  certificate  any  one  interested  in  a  legal 
sense  may  apply  to  a  court  for  a  writ  to  prevent  the  board  from  continuing  such 
instruction,  and  to  restrain  the  board  from  paying  for  the  same. 

3.  In  an  Illinois  case  a  certificate  was  not  obtained  until  the  middle  of  the 
term.  A  new  contract  was  entered  into  at  that  time  to  pay  the  teacher  double 
wages  for  the  remainder  of  the  term.  This  was  considered  an  attempt  to  do 
indirectly  what  there  was  no  power  to  do  directly,  and  therefore  the  contract  was 
held  to  be  void,  as  was  the  original  contract. 

4.  In  case  of  the  temporary  absence  of  the  teacher,  from  sickness  or  other 
cause,  the  place  should  be  supplied  with  some  one  duly  authorized  to  teach.  The 
supply  should  be  paid  by  the  teacher  whose  place  is  filled. 


SCHOOL   LAWS   OF   IOWA.  63 

ent  of  the  county  in  which  the  school  is  situated,  or  a  certifi- 
cate or  diploma  issued  by  some  other  officer  duly  authorized 
by  law,  and  no  compensation  shall  be  recovered  by  a  teacher 
for  services  rendered  while  without  such  certificate  or  diplo- 
ma.    [C.  '73,  §  1758;  R.,  §  2062.] 

Sec.  27S9.  Keep  register— report.  Each  teacher  shall 
keep  a  daily  register  which  shall  correctly  exhibit  the  name 
or  the  number  of  the  school,  the  district  and  county  in  which 
it  is  located,  the  day  of  the  week,  month,  year,  and  the  name, 
age  and  attendance  of  each  scholar,  and  the  branches  taught; 
and  when  scholars  reside  in  different  districts  separate  regis- 
ters shall  be  kept  for  each  district,  and  a  certified  copy  of  the 
register  shall  immediately  at  the  close  of  the  school  be  filed 
by  the  teacher  in  the  office  of  the  secretary  of  the  board.  The 
teacher  shall  file  with  the  county  superintendent  such  reports 
and  in  such  manner  as  he  may  require.  [C.  '73,  §§  1759-60; 
R.,§2062.] 

5.  In  case  a  person  is  employed  or  continued  as  a  teacher  in  violation  of  law 
without  a  certificate,  a  resident  of  the  district  may  sue  out  a  writ  of  injunction 
restraining  the  person  from  teaching  and  the  district  from  paying.  Boards 
employing  and  paying  such  teachers  are  liable  to  prosecution  under  the  provisions 
of  the  general  statutes  for  misapplication  of  funds.  Code,  sections  4904-4906  and 
section  2822. 

Section  2789.  1.  Every  teacher  should  take  great  pains  to  keep  the  register 
required  by  this  section  very  carefully,  in  order  that  the  term  report  may  be  mace 
out  correctly.  By  doing  so  the  secretary  will  be  able  to  make  his  annual  report 
with  greater  ease,  and  with  added  accuracy.  All  books  and  blanks  necessary  for 
keeping  record  of  attendance  and  making  reports  to  the  board  and  to  the  county 
superintendent  must  be  furnished  by  the  board. 

2.  The  board  may  authorize  the  president  and  the  secretary  to  draw  warrants 
for  the  payment  of  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper 
evidence  that  the  service  has  been  performed,  but  the  order  for  wages  for  the  last 
month  should  not  be  drawn  until  the  report  required  by  this  section  is  filed  in  the 
office  of  the  secretary.  Without  this  register  he  cannot  prepare  his  annual  report 
as  the  law  directs  it  to  be  made.  The  secretary  should  carefully  examine  the 
register  to  see  whether  the  record  is  complete  in  all  respects.     Form  36. 

3.  It  is  the  duty  of  every  board  to  see  that  the  teachers  comply  strictly  with 
all  requirements  made  by  the  county  superintendent,  as  well  as  with  all  rules 
made  by  the  board.     Decisions,  47. 

4.  It  is  within  the  power  of  the  board  to  require  such  reports  from  teachers 
as  seem  desirable  for  the  information  of  the  board.  It  may  require  reports  weekly, 
monthly,  by  the  term,  by  the  year,  or  all  of  these  together.  It  is  the  duty  of 
teachers  to  comply  with  the  regulations  of  the  board,  so  far  as  it  is  within  the 
power  of  the  teachers  to  do  so. 

5.  Every  teacher  in  the  county  may  be  required  to  make  such  reports,  agree- 
ing with  the  spirit  of  the  law,  as  the  county  superintendent  may  request,  in  such 
form  and  at  such  reasonable  time  as  the  county  superintendent  may  determine. 

6.  The  continued  refusal  to  comply  with  all  uniform  and  reasonable  regula- 
tions made  by  the  county  superintendent,  or  by  the  board,  on  the  part  of  any  one 
employed  as  a  teacher,  constitutes  good  cause  for  revocation  or  subsequent  refusal 
of  certificate,  or  for  dismissal  by  the  board.     Sections  2737  and  2782, 


54  SCHOOL  LAWS   OF   IOWA. 

Sec.  2790.  New  township.  When  a  new  civil  township 
is  formed,  the  same  shall  constitute  a  school  township,  which 
shall  ^o  into  effect  on  the  first  Monday  in  March  following 
the  completed  organization  of  the  civil  township.  The  notices 
of  the  first  meeting  shall  be  given  by  the  county  superintend- 
ent, and  at  such  meeting  a  board  of  three  directors  shall  be 
chosen.     [C.  '73,  §1713.] 

Sec.  2791.  Attaching  territory  to  adjoining  corporation. 
Tn  any  case  where,  by  reason  of  natural  obstacles,  any  por- 
tion cf  the  inhabitants  of  any  school  corporation  in  the  opin- 
ion of  the  county  superintendent  cannot  with  reasonable 
facility  attend  school  in  their  own  corporation,  he  shall,  by  a 
written  order,  in  duplicate,  attach  the  part  thus  affected  to 
an  adjoining  school  corporation,  the  board  of  the  same  con- 
senting thereto,  one  copy  of  which  order  shall  be  at  once 
transmitted  to  the  secretary  of  each  corporation  affected 
thereby,  who  shall  record  the  same  and  make  the  proper 
designation  on  the  plat  of  the  corporation.  Township  or 
county  lines  shall  not  be  a  bar  to  the  operation  of  this  sec- 
tion.    [C.  73,  §  1797.] 

Sec.  2792.  Restoration.  Where  territory  has  been  or  may 
hereafter  be  set  off  to  an  adjoining  school  township  in  the 
same  or  another  county,  or  attached  for  school  purposes  to  an 
independent  district  so  situated,  it  may  be  restored  to  the 

Section  2790.  1.  The  design  of  the  law  is  that  civil  and  school  township 
boundaries  shall  coincide  as  far  as  possible.  Code,  sections  551-552  and  section 
2743. 

2.  A  new  Fchool  township  is  not  organized  until  the  month  of  March  after  an 
election  of  officers  for  the  civil  township 

3.  The  boundaries  of  subdistricts  lying  wholly  within  the  old  or  new  school 
townships  are  not  affected  by  the  division  of  civil  townships. 

4.  When  subdistricts  are  divided  by  changes  in  civil  township  boundaries, 
the  boards  should  incorporate  the  several  parts  with  other  subdistricts,  or  otaer- 
wise  provide  for  such  territory,  sj  that  all  entitled  may  vote  at  the  following  sub- 
district  election.  In  the  absence  of  such  action  the  territory  properly  belongs  to 
the  subdistrict  which  it  adjoins,  and  the  voters  should  be  allowed  to  vote  therein. 

Section  2791.  1.  The  natural  obstacle  must  be  a  large  stream  unbridged, 
an  impassable  slough,  the  entire  absence  of  a  public  highway,  or  some  such 
natural  insurmountable  difficulty. 

2.  A  petition  which  does  not  allege  the  existence  of  natural  obstacles,  and 
where  in  fact  no  such  obstacles  exist,  is  invalid.     62  Iowa,  616;  110  Iowa,  30  . 

3.  Streams  well  bridged  and  distance  are  not  natural  obstacles  in  the  contem- 
plation of  the  law. 

4.  As  the  county  superintendent  has  original  concurrent  jurisdiction,  an 
appeal  cannot  be  taken  from  refusal  by  the  board  to  accept  the  territory.  109 
Iowa,  169. 

5.  When  the  boundaries  of  districts  are  changed,  the  territory  transferred 
carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of  the  district  from 
which  it  is  taken.     Section  2802.     53  Iowa,  77;  110  Iowa,  702. 

Section  2792.  1.  It  will  be  noticed  that  two  distinct  and  separate  methods 
are  provided  by  this  section.     Decisions,  93. 


SCHOOL   LAWS   OF   IOWA. 


65 


tprritary  to  which  it  geographically  belongs  upon  the  concur- 
le  ice  of  the  respective  boards  of  directors,  and  shall  be  so 
restored  by  said  boards  upon  the  written  application  of  two- 
thirds  of  the  electors  residing  upon  the  territory  so  set  off  or 
attached,  together  with  a  concurrence  of  the  county  superin- 
tendent and  the  board  of  the  school  corporation  which  is  to 
receive  back  the  territory.  [19  G.  A.,  ch.  160;  18  G.  A.,  eh. 
Ill;  G.  73,  §1798.J 

Sec.  2793.  Boundary  lines  changed.  The  boundary  lines 
of  contiguous  independent  districts  within  the  same  civil  town- 
ship may  be  changed  by  the  concurrent  action  of  the  respect- 
ive boards  of  directors  at  their  regular  meetings  in  Septem- 
ber, or  at  special  meetings  thereafter  called  for  that  purpose. 
The  independent  district  from  which  territory  is  detached 
shall  after  the  change  contain  not  less  than  four  government 
sections  of  land,  audits  boundary  lines  shall  conform  to  the 
lines  of  congressional  divisions  of  land.    [22  G.  A.,  ch.  62,  §  1.] 

Sec.  2794.  Formation  of  independent  district.  Upon  the 
written  petition  of  any  ten  voters  of  a  city,  town  or  village 
of  over  one  hundred  residents  to  the  board  of  the  school  cor- 
poration in  which  the  portion  of  the  town  plat  having  the 
largest  number  of  voters  is  situated,  such  board  shall  estab- 
lish the  boundaries  of  a  proposed  independent  district,  includ- 
ing therein  all  of  the  city,  town  or  village,  and  also  such  con- 
tiguous territory  as  is  authorized  by  a  written  petition  of  a 
majority  of  the  resident  electors  of  the  contiguous  territory 

2.  The  restoration  may  take  effect  at  any  time  agreed  upon,  but  if  no  agree- 
ment is  made,  it  will  take  effect  the  following  March.     59  Iowa,  109. 

3.  When  the  boundaries  of  districts  are  changed,  the  territory  transferred 
carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of  the  district  from 
which  it  is  taken.     58  Iowa,  77.     Section  2802. 

4.  Where  the  law  is  mandatory  in  requiring  a  board  to  act  upon  a  petition, 
the  remedy  for  its  refusal  to  do  so  is  mandamus,  and  not  appeal.     86  Iowa,  669. 

5.  Any  conflict  between  districts  with  regard  to  boundaries  will  be  best  deter- 
mined by  the  one  aggrieved  asking  a  court  to  restrain  the  county  treasurer  from 
paying  taxes  to  the  other  district,  on  the  ground  that  the  district  complaining  is 
eniirled  to  receive  said  taxes.     69  Northwestern  Reporter,  1009. 

Section  2794.  1.  The  one  hundred  residents  must  be  contained  within  the 
limits  of  the  town  or  viUage.  Additional  territory  should  be  secured  by  the 
board  ia  forming  the  new  independent  school  district.  Usually,  territory  equiva- 
lent to  about  four  to  six  government  sections,  will  constitute  a  proper  district. 

2.  The  last  official  census  will,  as  a  general  fule,  be  sufficiently  accurate  to 
determine  questions  relating  to  the  population,  but  in  case  of  doubt,  the  actual 
existing  facts  govern,  which  may  be  ascertained  by  any  reliable  means.  11  Iowa, 
676.     Code,  section  177. 

3.  The  contemplated  independent  sc^iool  district  must  include  all  of  the  city, 
town  or  village,  and  may  include  all  contiguous  territory  petitioned  for.  110 
Iowa,  652       Decisions,  90. 

4       When  the  required  petition  is  presented  the  law  is  mandatory  upon  the 
board  to  establish  the  boundaries.     110  Iowa,  652.     Decisions,  74,  90. 
5 


QQ  SCHOOL   LAWS   OF  IOWA 

proposed  to  be  included  in  said  district,  in  not  smaller  subdi- 
visions than  entire  forties  of  land,  in  the  same  or  any  adjoin- 
ing school  corporations,  as  may  best  subserve  the  convenience 
of  the  people  for  school  purposes,  and  shall  give  the  same 
notices  of  a  meeting  as  required  in  other  cases,  at  whicii 
meeting  all  voters  upon  the  territory  included  within  the  con- 
templated independent  district  shall  be  allowed  to  vote  by 
ballot  for  or  against  such  separate  organization.  When  it  is 
proposed  to  include  territory  outside  the  town,  city  or  village, 
the  voters  residing  upon  such  outside  territory  shall  be 
entitled  to  vote  separately  upon  the  proposition  for  the 
formation  of  such  new  district,  by  presenting  a  petition  of  at 
least  twenty-five  per  cent  of  the  voters  residing  upon  such 
outside  territory,  and  if  a  majority  of  the  votes  so  cast  is 
against  including  such  outside  territory,  then  the  proposed 
independent  district  shall  not  be  formed.  [29  G.  A.,  ch.  126,  19 
G.  A.,  ch.  118,  §  1;  18  G,  A.,  ch.  139;  C.  73,  §§  1800-1;  R.  §§ 
2097,  2105.] 

Sec.  2795.  Organization.  If  the  proposition  to  establish 
an  independent  district  carries,  then  the  same  board  shall  give 
the  usual  notice  for  a  meeting  to  choose  a  board  of  directors. 
Two  directors  shall  be  chosen  to  serve  until  the  next  anuual 

5.  When  the  boundaries  extend  beyond  the  limits  of  a  town  or  city,  they  must 
conform  to  lines  of  congressional  divisions  of  land .     Note  9  to  section  2801 . 

6..  The  board  of  the  school  corporation  in  which  a  majority  of  the  voters  on  the 
town  plat  reside,  must  establish  the  boundaries  of  said  district  without  the  con- 
currence of  any  other  board,  even  when  said  territory  is  taken  from  two  or  more 
civil  townships  in  the  same  or  in  adjoining  counties.     41  Iowa,  30;  25  Iowa,  305. 

7.  The  notices  of  the  election  to  determine  the  question  of  a  separate  organi- 
zation should  state  clearly  the  boundaries  of  the  proposed  district. 

8.  All  of  the  electors  residing  within  the  proposed  limits  must  be  permitted 
to  vote  on  the  question  of  separate  organization. 

9.  The  electors  residing  on  the  territory  to  be  included,  but  outside  of  the 
town  or  village,  are  entitled  to  vote  separately  on  the  proposition  if  they  ask  such 
privilege  by  petition,  either  to  the  board  or  to  the  judges  of  the  election. 

10.  The  desirability  or  nece^s-ty  of  the  independent  district  is  for  the  people  to 
determine  and  not  the  board.     110  Iowa,  652. 

11 .  The  president  and  secretary  of  the  school  corporation  should  act  as  chairman 
and  secretary  of  this  meeting,  and  with  one  of  the  board,  as  judges  of  the  election. 

12.  The  incorporation  ot  a  town  does  not  in  itself  affect  the  school  organiza- 
tion of  the  district  in  which  the  town  may  be  situated. 

13.  Town  sites  platted  and  unincorporated  shall  be  known  as  villages.  Code, 
section  638. 

Section  2795.  1.  The  first  board  will  enter  upon  its  duties  as  soon  as  quali- 
fied and  will  organize  by  choosing  a  president  and  a  secretary.  The  term  of 
oflBce  of  the  president  will  expire  on  the  third  Monday  in  the  following  March, 
that  of  the  secretary,  on  the  third  Monday  in  the  next  September.  In  cities  and 
towns  a  treasurer,  to  serve  until  the  third  Monday  in  the  following  March,  will  be 
chosen  by  the  electors  at  the  time  directors  are  chosen. 

2.  The  secretary  should  immediately  file  with  the  county  superintendent, 
auditor  and  treasurer,  each,  a  certificate,  showing  the  ofiicers  of  the  board,  and 


SCHOOL   LAWS   OF   IOWA. 


67 


meeting,  two  until  the  second,  and  one  until  the  third  annual 
meeting  thereafter.  The  board  shall  organize  by  the  election 
of  officers  in  the  usual  manner.  [15  G.  A.,  ch.  27:  C.  '73,  ^ 
1802;  R.,  §§  2099,  2100,  2106.] 

Sec.  2796.    Taxes  certified  and  levied.     The  organization 
of  such  independent  district  shall  be  effected  on  or  before  the 
first  day  of  August  of  the  year  in  which  it  is  attempted,  and, 
when  completed,  all  taxes  certified  for  the  school  township 
or  townships  of  which  the  independent  district  formed  a  part 
shall  be  void  so  far  as  the  property  within  the  limits  of  the  i 
independent  district  is  concerned,  and  the  board  of  such  inde- 1 
pendent  district  shall  fix  the  amount  of  all  necessary  taxes  for  \ 
school  purposes,  including  schoolhouse  taxes,   at  a  meeting  . 
called  for  such  purpose  at  any  time  before  the  third  Monday 
of  August,  which  shall  be  certified  to  the  board  of  supervisors 
on  or  before  the  first  Monday  of  September,  and  it  shall  levy 
said  tax  at  the  same  time  and  in  the  same  manner  that  other 
school  taxes  are  required  to  be  levied.     [C.  '73,  §  1804.] 

Sec.  2797.  Sural  independent  distrioti.  At  any  time 
before  the  first  day  of  August,  upon  the  written  request  of 
one-third  of  the  legal  voters  in  each  subdistrict  of  any  school 
township,  the  board  shall  call  a  meeting  of  the  voters  of  the 
subdistrict,  giving  at  least  thirty  days'  notice  thereof  by  post- 
ing three  notices  in  each  subdistrict  in  each  school  township, 

their  postoffice  address.  All  subsequent  changes  made  in  the  oflScers  of  the 
board  should  be  reported.     Section  2766. 

3.  The  secretary  and  treasurer  must  qualify  within  ten  days.     Section  2760. 

4.  All  proceedings  connected  with  the  organization  of  the  new  district  should 
be  recorded  by  the  secretaries  in  the  records  of  the  districts  from  which  territory 
is  taken,  so  that  the  facts  concerning  its  formation  and  organization  may  be 
readily  obtained ,  in  case  the  validity  of  the  proceedings  is  ever  questioned . 

5.  As  soon  as  the  board  of  the  new  independent  district  has  been  organized,  it 
may  join  with  the  boards  from  which  territory  has  been  taken  in  making  a  division 
of  the  assets  and  liabilities.     Section  2802. 

Section  2796.  1.  This  section  is  construed  to  mean  that  the  organization 
contemplated  must  be  made  between  January  first  and  the  first  of  August.  This 
limitation  as  to  time  is  directory  only,  and  does  not  apply  when  an  appeal  is  taken. 
110  Iowa,  652.     Decisions,  74. 

2.  When  a  new  independent  school  district  is  organized  as  provided  by  this 
section,  the  board  has  authority  to  determine  and  certify  all  necessary  taxes,  for 
school  purposes,  for  that  year,  including  schoolhouse  taxes. 

3.  An  independent  school  district  composed  of  territory  from  two  or  more 
counties,  belongs,  for  school  purposes,  to  the  county  wherein  most  of  the  children 
reside.  A  certificate  issued  by  the  superintendent  of  the  county  to  which  it  thus 
belongs,  is  valid  for  any  school  in  the  district. 

Skction  2797.  1.  The  vote  upon  the  change  may  be  taken  at  anytime  of 
year,  but  the  organization  cannot  be  completed  between  August  and  January. 

2.  Unless  each  and  every  subdistrict  in  the  school  township  gives  a  majority 
vote  favoring  the  change  in  form ,  the  township  remains  a  school  township . 

3.  A  single  subdistrict  may  be  organized  independent  only  when  a  village, 
town,  or  citv  is  included.     Section  2794. 


68  SCHOOL   LAWS   OF    IOWA. 

at  which  meeting  the  voters  shall  vote  by  ballot  for  or  against 
rural  independent  district  organization.  If  a  majority  of  the 
votes  cast  in  each  subdistrict  shall  be  favorable  to  such  inde- 
pendent organization,  then  each  subdistrict  shall  become  a 
rural  independent  district,  and  the  board  of  the  school  town- 
ship shall  then  call  a  meeting  in  each  rural  independent  dis- 
trict for  the  choice  of  three  directors,  to  serve  one,  two  and 
three  years,  respectively,  and  the  organization  of  the  said 
rural  independent  district  shall  be  completed.  [22  G.  A., 
ch.  61.] 

Sec.  2798.  Subdivision  of  independent  districts.  Inde- 
pendent districts  may  subdivide  for  the  purpose  of  forming 
two  or  more  independent  districts  or  have  territory  detached 
to  be  annexed  with  other  territory  in  the  formation  of  an 
independent  district  or  districts,  the  board  of  directors  of  the 
original  independent  districts  to  establish  the  boundaries  of 
the  districts  thus  formed,  such  new  districts  to  contain  not 
less  than  four  gON^ernment  sections  of  land  each;  but  in  case  a 
stream  or  other  obstacle  shall  debar  a  number  of  children  of 
school  privileges,  an  independent  district  may  be  thus  organ- 
ized eon'aining  less  territory;  or,  if  such  new  district  shall 
include  within  its  territory  a  town  or  village  with  not  less 
than  one  hundred  inhabitants,  it  may  in  like  manner  be  made 
up  of  less  territor}^;  but  in  neither  case  shall  the  new  district 
contain  le^sS  than  two  government  sections  of  land,  nor  be 
organized  except  on  a  majority  vote  of  the  electors  of  each 
proposed  district,  and  the  proceedings  for  such  subdivsion 
shall  in  all  respects  be  like  those  provided  in  the  section 
relating  to  organizing  cities  and  towns  into  independent  dis- 
tricts, so  far  as  applicable.  [18  G.  A.,  ch,  331;  17  G.  A.,ch. 
133,  ^n-4.1 

4,  When  the  new  boards  are  organized,  they  should  meet  as  soon  as  possible, 
and  make  settlement  of  assets  and  liabilities,  as  directed  by  section  2S02. 

5.  O-ne. subdistrict  cannot  be  changed  to  a  rural  independent  district  unless  all 
the  subdistricrs  of  the  school  township  vote  to  become  rural  independent  districts. 

Section  2798  1.  The  provisions  of  this  section  apply  to  all  indepecdenf 
districts,  and  civil  township  lines  are  not  a  bar. 

2.  The  amount  of  territory  cannot  be  less  than  an  equivalent  of  four  govern- 
ment sections,  unless  the  provisions  of  this  section  apply. 

3.  An  mdependent  district  containing  territory  amounting  to  less  than  eight 
govern  !n<iu  sections  may  be  divided  into  two  independent  districts,  if  an  unbridged 
stream  or  other  obstacle  prevents  a  considerable  number  of  scholars  from  attending 
school,  or  if  one  portion  contains  a  village  of  not  less  than  one  hundred  inhab- 
itants The  district  so  tormed  must  contain  lerritory  amounting  to  not  less  than 
two  eoveromeat  sections,  and  a  majority  of  the  votes  cast  in  each  contemplated 
distritt  >nusi  be  cast  for  the  division. 

4  vVrien  an  independent  district  is  subdivided  under  this  section  the  one  of 
the  d  nets  not  formed  in  accordance  with  the  exception  made  mubt  have  at  least 
£uar  s<.  it  ions. 


SCHOOL   LAWS  OF   IOWA.  (59 

Sec.  2799.  Uniting  independent  districts.  Independent 
districts  located  contiguous  to  each  other  may  unite  and  form 
one  and  the  same  independent  district  in  the  manner  follow- 
ing:  At  the  written  request  of  any  ten  legal  voters  residing  in 
each  of  said  independent  districts,  or,  if  there  be  not  ten,  then 
a  majority  of  such  voters,  their  respective  boards  of  directors 
shall  require  their  secretaries  to  give  at  least  ten  days'  notice 
of  the  time  and  place  for  a  meeting  of  the  electors  residing  in 
each  of  such  districts,  by  posting  written  notices  in  at  least 
five  public  places  in  each  of  said  districts,  at  which  meeting 
the  electors  shall  vote  by  ballot  for  or  against  a  consolidated 
organization  of  said  independent  districts,  and,  if  a  majority 
of  the  votes  cast  at  the  election  in  each  district  shall  be  in 
favor  of  uniting  said  districts,  the  secretaries  shall  give  simi- 
lar notice  of  a  meeting  of  the  electors  as  provided  for  by  law 
for  the  organization  of  independent  districts  including  cities 
and  towns.     [22  G.  A.,  ch.  63,  §  1 ;  C.  '73,  §   1811.] 

Sec.  2800.  Rural  independent  districts  united  into  school 
township.  A  township  which  has  been  divided  into  rural 
independent  districts  may  be  erected  into  a  school  township 
by  a  vote  of  the  electors,  to  be  taken  upon  the  written 
request  of  one-third  of  the  legal  voters  residing  in  such  civil 
township.  Upon  presentation  of  such  written  request  to  the 
township  trustees,  they  shall  call  a  meeting  of  the  electors  at 
the  usual  place  or  places  of  holding  the  township  election, 
upon  giving  at  least  ten  days'  notice  thereof  by  posting  three 
written  notices  in  each  rural  independent  district  in  the  town- 

Section  2799.  1.  The  proposition  to  consolidate  independent  districts  must 
be  separately  voted  upon  in  each  of  the  districts  affected.  Unless  a  majority  of  tho 
votes  cast  at  such  election  in  each  district  is  in  favor  of  such  consolidation,  it  fails. 

2.  The  provisions  of  this  section  also  apply  to  rural  independent  districts. 
Opinion  of  Attorney-General, 

Section  2800.  1.  The  electors  of  any  civil  township  which  has  adopted  th© 
rural  independent  school  district  organization,  may  vote  upon  the  question  of 
returning  to  the  school  township  organization. 

2.  The  petition  provided  for  in  this  section  may  be  presented  to  the  trustees  and 
the  vote  ordered  at  any  time  of.  the  year.  When  a  proper  petition  is  presented, 
the  law  makes  it  mandatory  upon  the  township  trustees  to  call  and  hold  an 
election. 

3.  The  meeting  held  to  determine  the  question  of  school  township  organiza- 
tion, is  a  township  meeting;  if  the  vote  is  in  the  affirmative,  each  and  every  rural 
independent  school  district  in  the  township  becomes  a  subdistrict  of  the  school 
township. 

4.  The  township  trustees  may  act  as  judges  of  this  election,  but  in  their 
absence  the  electors  assembled  may  choose  a  chairman  and  one  or  two  secretariea 
to  act  as  judges. 

5.  The  board  of  each  rural  independent  school  district  will  continue  to  act 
until  the  third  Monc'ay  in  March  following  the  election,  at  which  time  a  full  sta'e- 
ment  of  all  assets  and  liabilities  of  the  district  should  be  reported  to  the  board  of 
the  school  township  when  organized. 

S.     The  first  board  of  a  school  township  formed  from  a  township  organized 


70  SCHOOL   LAWS   OF   IOWA. 

ship,  and  by  publication  in  a  newspaper,  if  one  be  published  in 
such  township,  at  which  meeting  the  said  electors  shall  vote 
by  ballot  for  or  against  a  school  township  organization.  If  a 
majority  of  the  votes  cast  at  such  election  be  in  favor  of  such 
organization,  each  rural  independent  district  shall  become  a 
subdistrict  of  the  school  township,  and  shall  organize  as  such 
on  the  first  Monday  in  March  following  by  the  election  of  a 
director,  notice  of  which  shall  be  given  as  in  other  cases  by 
the  secretary  of  each  of  the  rural  independent  districts,  and 
the  directors  so  elected  shall  organize  as  a  board  of  directors 
of  the  school  township  on  the  third  Monday  in  March  follow- 
ing.    [16  G.  A.,  ch.  155;  C  '73,  §§  1815-20.] 

Sec.  2801.  Division  of  school  township  into  subdistricts. 
The  board  of  any  school  township  may  by  a  vote  of  a  majority 
of  all  the  members  thereof,  at  the  regular  meeting  in  Septem- 
ber, or  at  any  special  meeting  called  thereafter  for  that  pur- 
pose, divide  the  school  township  into  subdistricts  such  as 
justice,  equity  and  the  interests  of  the  people  require,  and 
may  make  such  alterations  of  the  boundaries  of  subdistricts 
heretofore  formed  as  may  be  deemed  necessary,  and  shall 
designate  such  subdistricts  and  all  subsequent  alterations  in 
a  distinct  and  legible  manner  upon  a  plat  of  the  school  town- 
ship provided  for  that  purpose,   and  shall  cause  a  written 

as  a  single  rural  independent  school  district,  will  consist  of  three  directors,  elected 
by  the  whole  township.  Section  2752.  If  this  board  chooses  to  subdivide  the 
district,  it  may  do  so.  Section  2801.  Or  it  may  allow  the  school  township  to 
remain  a  single  district,  a  plan  having  very  many  excellent  advantages. 

7.  The  school  township  meeting  is  held  on  the  second  Monday  in  March,  to 
vote  the  necessary  schoolhouse  taxes  as  provided  in  section  2749. 

8.  Between  the  time  of  the  election  provided  for  and  the  third  Monday  in 
March  following,  the  boards  of  the  several  rural  independent  school  districts  have 
authority  to  perform  all  necessary  acts  relating  to  the  affairs  of  their  districts,  but 
they  cannot  incur  any  indebtedness,  nor  make  any  contracts,  except  such  as  may 
be  necessary  to  maintain  the  usual  schools  of  their  districts. 

9.  Upon  the  organization  of  the  school  township,  the  secretary  should  file 
with  the  county  auditor  and  treasurer  a  certified  plat  of  the  district,  and  report  to 
the  county  superintendent,  auditor,  and  treasurer,  the  name  and  address  of  each 
oflBcer  of  the  new  board.     Section  2766. 

10.  The  school  township  receives  all  the  assets  and  assumes  all  the  liabilities 
of  the  several  rural  independent  school  districts.  In  case  a  rural  independent 
school  district  has  issued  bonds  or  otherwise  incurred  an  indebtedness,  for  the 
erection  of  a  schoolhouse  and  the  electors  have  failed  to  provide  for  the  payment 
thereof,  the  board  of  the  school  township  has  authority  to  apportion  schoolhouse 
taxes  for  the  payment  of  such  indebtedness,  from  time  to  time,  as  justice  and 
equity  may  require.     Section  2813. 

Section  2801.  1.  All  changes  in  subdistrict  boundaries  must  be  made  in 
strict  conformity  with  this  section. 

2.  Subdistrict  boundaries  can  be  changed  only  by  affirmative  vote  of  a 
majority  of  all  the  members  of  the  board . 

3.  While  this  section  provides  that  boards  may  change  subdistrict  boundaries 
at  the  regular  meeting  in  September,  or  at  a  special  meeting  called  for  that  pur- 


SCHOOL   LAWS  OF   IOWA.  ^^ 

description  of  the  same  to  be  recorded  in  the  records  of  the 
school  township,  a  copy  of  which  shall  be  delivered  by  the 
secretary  to  the  county  treasurer  and  also  to  the  county  aud- 
itor, who  shall  record  the  same  in  his  ofBce.  The  boundaries  of 
subdistricts  shall  conform  to  the  lines  of  the  congressional 
divisions  of  land,  and  the  formation  or  alteration  of  subdis- 
tricts as  contemplated  in  this  section  shall  not  take  effect 
until  the  first  Monday  in  March  thereafter,  at  which  time  a 
director  shall  be  elected  for  any  subdistrict  newly  formed. 
[21  G.  A.,  ch.  124;  16  G.  A.,  ch.  109;  C.  73,  §§  1725,  1738,  1796; 
R.,  §  2038.] 

Sec.  2802.  Changes  of  boundaries— division  of  assets  and 
liabilities.  When  any  changes  are  made  in  the  boundaries  of 
any  school  corporations,  the  boards  of  directors  in  office  at 
the  time  shall  continue  to  act  until  the  next  regular  school 
election,   when  the  new  corporation  shall  organize  by   the 

pose,  it  must  be  understood  that  such  change  cannot  be  made  so  late  as  to  prevent 
the  notices  of  election  from  being  given  at  least  five  days  previous  to  the  subdis- 
trict elections,  as  required  by  section  2751.     Decisions,  44. 

4.  When  new  civil  townships  are  formed,  the  corresponding  changes  in  school 
township  boundaries  take  effect  at  the  next  subdistrict  election.     Section  2790. 

5.  All  territory  must  be  included  within  some  school  corporation,  and  all  of  a 
school  township  must  be  included  in  some  subdistrict,  when  the  territory  is  so  sub- 
divided.    Decisions,  28. 

6.  A  subdistrict  is  not  a  corporate  body  and  has  no  financial  claims,  nor  can 
it  be  hel-d  liable  for  debts,  except  as  a  part  of  the  school  township.     Decisions,  11. 

7.  The  board  may  discontinue  or  abolish  any  subdistrict  by  a  readjustment  of 
boundaries,  and  it  may  provide  that  there  shall  be  no  subdistricts,  and  that  the 
schools  of  the  corporation  shall  be  governed  by  a  board  of  three  directors  chosen.. 
from  the  township  at  large.     Section  2752. 

8.  It  is  especially  important  that  the  county  auditor  and  treasurer  be  officially 
notified  by  the  secretary,  whenever  any  changes  are  made  in  district  boundaries, 
by  the  formation  of  independent  districts  or  otherwise,  to  enable  these  officers  to 
perform  their  duties  in  the  levy  of  taxes,  and  the  apportionment  and  disbursement 
of  school  funds. 

9.  By  congressional  divisions  of  land  is  meant  those  divisions  authorized  by 
congress  in  government  surveys,  of  which  the  smallest  is,  in  general,  one-sixteenth 
of  a  section,  or  a  tract  of  forty  acres  in  a  square  form.  Government  lines,  how" 
ever,  sometimes  meander  along  streams  and  other  bodies  of  water,  and  divisions 
of  land  are  thus  formed  of  less  than  forty  acres.     Decisions,  28. 

10.  There  is  nothing  in  the  law  fixing  the  number  of  persons  -of  school  age 
necessary  for  a  new  subdistrict,  nor  is  the  exact  amount  of  territory  to  be  inclnded 
determined  by  the  law. 

Section  2802.  1.  Assets  include  schoolhouses,  sites,  and  all  other  property 
and  moneys  belonging  to  the  district.  Liabilities  include  all  debts  for  which  the 
district  in  its  corporate  capacity  is  liable.  In  determining  the  assets,  school  prop- 
erty should  be  estimated  at  its  present  cash  value. 

2.  The  division  of  assets  will  relate  to  the  schoolhouse  and  other  property, 
moneys  in  all  funds  on  hand,  and  uncollected  taxes.  The  territory  transferred 
carries  with  it  such  a  part  of  the  assets  and  liabilities  of  the  corporation  to  which 
it  belonged  as  th?  assessed  valuation  of  such  territory  is  part  of  the  assessed 
valuation  of  the  propercy  of  the  corporation. 


72  SCtlUOL    LAWS   OF   IOWA. 

election  of  directors  in  accordance  with  the  new  boundaries^ 
whereupon  the  new  boards  shall  make  an  equitable  division 
of  all  assets  and  liabilities  of  the  corporations  affected;  and, 
if  they  cannot  agree,  the  matters  upon  which  they  differ  shall 
be  decided  by  disinterested  arbitrators,  one  selected  by  each 
board  havin<?  an  interest  therein,   and  if  the  number  thus 

3.  Any  portion  of  the  teachers'  fund  derived  from  the  semi  annual  apportion- 
ment, should  be  divided  in  proportion  to  the  number  of  persons  between  five  and 
twenty-one  years  of  age,  according  to  the  last  enumeration. 

4.  Schoolhouses  will  usually  become  the  property  of  the  district  in  which  they 
are  situated.  If  their  value  exceeds  the  amount  justly  due  that  district,  and  there 
is  not  sufficient  schooihouse  fund  on  hand  to  equalize  the  division,  the  boards 
should  fix  the  amount  each  district  should  receive  or  pay. 

5.  An  equitable  arrangement  mutually  satisfactory  to  the  parties  in  interest 
will  be  in  accordance  with  the  intent  of  the  law.  Any  agreement  should  be 
reduced  to  writing,  and  entered  upon  the  records  of  each  district. 

6.  The  districts,  after  the*  division,  which  do  not  receive  their  just  proportion 
of  schooihouse  property,  have  a  claim  against  those  that  do  obtain  more  than  a 
due  share.     The  last  are  indebted  to  the  first  in  the  difference.     35  Iowa,  216. 

7.  A  simple  ai:.d  just  method  to  dispose  of  unpaid  and  delinquent  taxes,  also 
of  all  funds  in  the  hands  of  the  county  treasurer,  is  to  direct  the  payment  of  the.se 
funds  in  such  manner  that  taxes  derived  from  any  part  of  the  territory  shall  be 
paid  to  the  district  to  which  such  territory  will  then  belong. 

8.  If  money  is  received  which  belongs  to  another,  the  rule  is  a  general  one 
that  the  law  implies  a  promise  on  the  part  of  the  receiver  to  pay  it  over.  Based 
upon  this  promise  an  action  may  be  maintained  for  its  recovery.  11  Iowa,  506 
and  80  Iowa,  495. 

9.  Any  confli.  t  between  districts  with  regard  to  boundaries  will  be  best  deter- 
mined by  the  one  aggrieved  asking  a  court  to  restrain  the  county  treasurer  from 
paying  taxes  to  the  other  district,  on  the  ground  that  the  district  complaining  i» 
entitled  to  receive  said  taxes. 

10.  Section  2793  provides  for  change  of  boundaries  between  adjoining  inde- 
pendent districts  in  the  same  civil  township. 

11.  If  the  boundary  between  an  independent  district  and  a  school  township  is 
the  line  of  the  civil  township,  it  cannot  be  changed,  except  there  be  an  incorpo- 
rated town,  and  then  only  by  the  extension  of  the  corporate  limits  of  such  town. 
If  the  independent  school  district  includes  a  portion  of  a  civil  township  the  remain- 
der of  which  is  a  school  township,  the  boundary  between  the  districts  m.iy  be 
changed. 

12.  Where  a  change  of  boundaries  between  districts  is  desired,  and  one  of  the 
boards  acts  favorably,  a  petition  may  be  presented  to  the  other  board  to  concur 
in  that  action,  although  it  formerly  may  have  refused  to  grant  a  similar  petition. 
From  the  action  of  the  latter  board  upon  the  request  an  appeal  may  be  taken. 

13.  No  appeal  can  be  taken  from  an  action  of  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.     Decisions,  41  and  49. 

14.  When  an  appeal  is  taken  from  the  proper  board,  the  county  superintend- 
ent must  affirm  the  action  of  one  board  or  the  other,  but  cannot  himself  modify 
the  action  of  the  board  acting  first.     Decisions,  49. 

15.  Territory  transferred  from  one  district  to  another  carries  with  it  an  equi- 
table proportion  of  the  ass  ts  and  liabilities  of  the  district  from  which  it  is  taken, 
the  district  accepting  it  becoming  responsible  for  such  liabilities. 


SCHOOL    LAWS   OF   IOWA. 


73 


selected  is  even  then  one  shall  be  added  by  the  county  super- 
intendent, and  the  decision  of  the  arbitrators  shall  be  made 
in  writing,  either  party  having  the  right  to  appeal  therefrom 
to  the  district  court.     [C.  '73,  §  1715.] 

Sec.  2803.  Attending  school  in  another  corporation.  A 
child  residing  in  one  corporation  may  attend  school  in 
another  in  the  same  or  adjoining  county  if  the  two  boards  so 
agree.  In  case  no  such  agreement  is  made,  the  county  super- 
intendent of  the  county  in  which  the  child  resides  and  the 
board  of  such  adjoining  corporation  may  consent  to  such 
attendance,  if  the  child  resides  nearer  a  schoolhouse  in  the 
adjoining  corporation  and  one  and  one-half  miles  or  more 
from  any  public  school  in  the  corporation  of  his  residence. 
But  before  granting  such  consent  the  county  superintendent 
shall  give  notice  to  the  board  where  the  child  resides  and 
hear  objections,  if  any.  In  case  such  consent  is  given,  the 
board  of  the  district  of  the  child's  rpsidence  shall  be  notified 

16.  It  is  not  material  which  board  takes  the  first  action  with  regard  to  the 
transfer  of  territory.  Usually  it  is  desirable  to  secure  the  action  of  the  board 
with  regard  to  which  there  is  no  doubt,  and  afterward  to  endeavor  to  induce  the 
other  board  to  take  the  same  action.  If  the  board  last  actmg  takes  an  action  dif- 
ferent in  kind  it  may  be  regarded  as  initiating  anew  order,  which  in  turn  must  ga 
to  the  other  board  for  adoption  or  rejection. 

17.  An  appeal  to  the  county  superintendent  will  not  lie  from  a  joint  action  of 
boards  in  making  a  settlement  of  assets  and  liabiliiies.     Decisions,  67. 

18.  Demand  for  settlement  and  division  of  assets  must  be  made  by  one 
authorized  to  make  such  demand  upon  one  authorized  to  act.     110  Iowa,  702. 

19.  When  atbitrators  have  been  appointed,  mandamus  will  lie  to  compel  then* 
to  act.     110  Iowa,  702. 

20.  The  arbitrators  can  consider  only  such  as?ets  and  liabilities  as  existed 
between  the  districts  at  the  time  the  rew  district  was  formed.     107  Iowa,  73. 

21.  When  the  respective  boards  of  directors  have  met  and  failed  to  agree^ 
mandamus  may  be  maintained  to  compel  a  choice  of  arbitrators,  but  not  to  com- 
pel the  making  of  equitable  division.     68  Iowa,  486. 

Section  2803.  1.  This  section  grants  to  all  b-^ards  the  power  to  agree  upon- 
terms  of  atterr dance.  Such  agreement  should  name  the  amount  to  be  paid,  if  any, 
the  lime  during  which  the  stipulation  shall  be  in  force,  and  other  matters. 

2.  If  scholars  reside  more  than  one  and  one  half  miles  from  a  school  in  their 
own  district  and  nearer  to  a  school  in  another  district,  which  they  desire  to- 
attend,  application  should  first  be  made  to  both  boards  of  directors;  if  the  boards- 
refuse  to  enter  into  an  agreement,  they  may  attend  school  in  such  district  with  the 
consent  of  the  board  of  the  district  where  they  desire  to  attend  and  of  the  county 
superintendent  of  the  county  in  which  the  children  reside. 

3.  This  section  applies  to  districts  in  the  same  or  in  other  civil  townships. 

4.  What  is  sought  by  the  law  is  to  supply  to  every  child  advantages  equal  as- 
nearly  as  possible  with  those  afforded  to  the  average  child. 

5.  The  distance  should,  in  all  cases,  be  computed  by  the  nearest  public  road. 

6.  If  scholars  live  nearer  to  a  school  in  their  own  district,  or  less  than  one 
and  o.ne-half  miles  of  one,  they  can  attend  school  in  another  district  at  the  expense 
of  their  own  district,  only  by  an  agreement  of  both  boards. 

7.  In  no  case  may  scholars  attend  school  in  a  district  in  which  they  do  not 
reside,  without  the  consent  of  the  board  thereof. 


74  SCHOOL  LAWS   OF   IOWA. 

thereof  in  writiag,  and  shall  pay  to  the  other  district  the 
average  tuition  per  week  and  an  average  proportion  of  con- 
tingent expenses  for  the  school  or  room  thereof  in  which  such 
child  attends.  If  payment  is  refused  or  neglected,  the  board 
of  the  creditor  corporation  shall  file  an  account  thereof  certi- 
fied by  its  president  with  the  auditor  of  the  county  of  the 
child's  residence,  who  shall,  at  the  time  of  the  making  of  the 

8.  The  first  three  lines  give  the  boards  power  to  agree  upon  terms  of  attend- 
ance, without  regard  to  the  distance  in  the  case.  But  advantage  may  not  be  taken 
of  the  remainder  of  the  section  unless  all  the  provisions  enumerated  are  fulfilled. 

9.  In  determining  distances  to  different  schools  the  measurement  must  be 
made  by  the  nearest  public  highway  to  each  school.  And  if  the  person  lives  off 
the  highway,  the  distance  should  be  computed  by  the  nearest  and  most  accessible 
private  way  as  usually  traveled  from  the  residence  to  the  highway. 

10.  What  is  sought  to  be  determined  is  the  actual  distance  necessary  to  be 
traveled  by  the  scholar.  It  may  therefore  sometimes  be  required  to  measure  from 
the  door  of  the  home  of  the  scholar  to  the  door  of  the  schoolhouse,  in  order  to 
ascertain  definitely  the  actual  distance  from  school. 

11.  Every  district  is  bound  to  provide  school  facilities  for  the  children  thereof; 
and  children  living  in  a  school  district  in  one  county  may  attend  school  in  an 
adjoining  district  in  another  county  under  the  provisions  of  this  section.  85  N. 
W.,  794. 

12.  In  giving  or  withholding  his  consent,  the  county  superintendent  should 
consider  all  the  circumstances,  and  when  he  has  concurred  or  refused  to  concur, 
the  matter  is  concluded  for  that  time,  as  no  appeal  will  lie. 

13.  The  position  of  the  county  superintendent  is  somewhat  similar  to  that  of 
a  disinterested  arbitrator  between  the  two  boards.  He  should  cc»nfer  with  both 
boards  if  possible  and  should  take  into  account  all  the  conditions  of  the  case. 

14.  If  there  is  little  difference  in  the  distance,  or  if  the  schoolhouse  of  the 
scholar  is  only  slightly  in  excess  of  a  mile  and  a  half,  then  the  county  superintend- 
ent should  hesitate  to  concur,  especially  if  it  will  weaken  the  funds  or  diminish  the 
attendance  at  the  home  school  so  as  to  unduly  impair  its  success. 

15.  The  action  of  the  board  where  the  children  desire  to  attend  and  of  the 
county  superintendent  is  a  concurrent  one.  The  two  parties  are  thus  supposed  to 
have  equal  discretionary  powers,  and  there  is  no  appeal  from  concurrent  action 
or  from  the  refusal  of  either  to  concur- 

16.  Collection  of  tuition  cannot  be  made  by  appeal  to  the  county  superintend- 
ent, but  such  questions  in  controversy  must  be  settled  through  the  courts. 

17.  The  notice  referred  to  cannot  be  said  to  bs  officially  transmitted  unless 
s'.gned  by  both  the  president  and  secretary.  Payment  for  attendence  can  be 
collected  from  the  district  where  the  children  reside,  only  from  the  date  of  such 
notice.     Form  37. 

18.  This  notice  holds  only  for  the  term,  or  such  time  as  the  county  superin- 
tendent and  board  name  in  their  written  concurrent  agreement. 

19.  Depositing  a  letter  in  a  postoffice  without  further  proof  that  such  letter 
reached  the  party  addressed,  is  not  a  legal  notice  as  required  to  secure  payment 
of  tuition.     Code,  section  3531. 

20.  The  average  proportion  of  tuition  and  contingent  expenses  for  any  number 
of  scholars  is  found  by  dividing  the  amount  expended  for  these  purposes  in  the 
school  where  they  have  attended,  by  the  total  attendance  in  days,  and  multiplying 
the  quotient  by  the  number  of  days  said  scholars  have  attended. 

21.  When  scholars  attend   a  graded  school,    the   average   tuition    should    be 


'k 


SCHOOL   LAWS   OF   IOWA.  75 

next  semi-annual  apportionment,  deduct  the  amount  from  the 
sum  apportioned  to  the  debtor  district,  and  cause  it  to  be  paid 
to  the  corporation  entitled  thereto.  [17  G.  A.,  ch.  41;  16  G. 
A.,  ch.  64;  C.  '73,  §  1793;  K.,  §  2024;  C.  '51,  §  1143.] 

Sec.  2804.  School  age — nonresidents.  Persons  between 
^ve  and  twenty-one  years  of  age  shall  be  of  school  age.  Non- 
resident children  and  those  sojourning  temporarily  in  any 
school  corporation  may  attend  school  therein  upon  such  terms 
as  the  board  may  determine.  The  parent  or  guardian  whose 
child  or  ward  attends  school  in  any  independent  district  of 
which  he  is  not  a  resident  shall  be  allowed  to  deduct  the 
amount  of  school  tax  paid  by  him  in  said  district  from  the 
amount  of  the  tuition  required  to  be  paid.     [C.'73,  §  1795.] 

Sec.  2805.  Bible  not  excluded.  The  bible  shall  not  be 
excluded  from  any  public  school  or  institution  in  the  state, 

computed  on  the  basis  of  the  expense  of  each  pupil  in  the  grade  or  room  in  which 
such  scholars  are  placed;  the  average  expense  of  contingent  fund  may  be  computed 
as  a  part  of  the  whole  contingent  expense  of  such  school. 

22.  Any  other  action  than  compliance  with  the  absolute  and  explicit  terms  of 
the  law,  will  render  the  collection  of  tuition  difficult  and  in  most  cases  impossible. 
Decisions,  40. 

23.  The  provisions  of  this  section  are  the  result  of  a  long  experience  in  this 
state  with  regard  to  the  matter  of  attendance.  As  a  general  provision,  the  law  is 
very  equitable  and  gives  almost  universal  satisfaction. 

Section  2804.  1.  Children  under  five  years  of  age  would  be  more  injured  by 
the  confinement  than  benefited  by  the  instruction.  They  cannot  claim  the  advan- 
tages of  the  school,  and  should  not  be  allowed  to  attend. 

2.  A  child  under  the  minimum  legal  school  age  of  five  years  may  not  be 
admitted  to  receive  instruction  even  upon  the  payment  of  tuition. 

3.  Persons  over  twenty-one  years  of  age  are  not  entitled  to  attend  the  public 
schools,  but  may  be  admitted  upon  such  terms  as  the  board  deems  proper. 

4.  The  board  must  be  satisfied  that  the  residence  of  the  scholar  in  the  district 
is  actual  before  allowing  free  attendance. 

5.  In  determining  whether  a  person  is  entitled* to  attendance  free  of  tuition, 
the  board  may  take  any  impartial  method  of  deciding  the  question.     Decisions,  57. 

6.  Persons  may  be  required  to  satisfy  the  board  that  residence  is  actual,  before 
being  admitted  to  free  attendance. 

7.  Anyone  aggrieved  by  an  order  of  the  board  admitting,  or  refusing  to  admit, 
a  scholar,  has  the  remedy  of  appeal,  or  of  application  at  once  to  a  court. 

8.  Paying  school  taxes  does  not  entitle  nonresidents  to  school  privileges,  but 
school  taxes  paid  in  an  independent  district  shall  be  deducted  from  the  amount  of 
tuition  required  of  a  nonresident  pupil. 

9.  Young  people  who  are  making  their  own  living  should  not  be  excluded 
from  school  privileges  in  the  district  where  they  are  at  home. 

Section  2805.  1.  Our  common  schools  are  maintained  at  public  expense,  and 
the  law  contemplates  that  they  shall  be  equally  free  to  persons  of  every  faith.  A 
very  suitable  devotional  exercise  consists  in  the  teacher's  reading  a  portion  of 
scripture  without  comment,  and  the  repetition  of  the  Lord's  prayer. 

2.  Neither  the  board  nor  the  electors  may  direct  the  teacher  to  follow  a  given 
course  in  respect  to  the  reading  of  the  bible  in  school.  Each  teacher  will  be 
guided  by  his  own  good  judgment,  and  the  wishes  of  his  patrons  may  properly 
have  weight  in  aiding  him  to  deter .ttine  his  action. 


76  SCHOOL  LAWS   OF   IOWA. 

nor  shall  any  child  be  required  to  read  it  contrary  to  the 
wishes  of  his  parent  or  guardian.  [C.  '73,  §  1764;  R.,  §  2119.] 
Sec.  2806.  School  taxes.  The  board  of  each  school  cor- 
poration shall  at  its  regular  meeting  in  March,  or  at  a  special 
meeting  called  for  that  purpose  between  the  time  designated 
for  such  regular  meeting  and  the  third  Monday  in  May,  esbi- 
m-ate  the  amount  required  for  the  contingent  fund,  not  exceed- 
ing five  dollars  for  each  person  of  school  age,  but  each  school 
corporation  may  estimate  not  exceeding  seventy-five  dollars 
for  each  school  thereof,  and  such  additional  sum  as  may  be 
necessary  not  exceeding  five  dollars  for  each  person  of  school 
age  for  transporting  children  to  and  from  school;  and  also 
such  additional  sum  as  may  be  authorized  in  the  chapter  on 

3.  It  is  a  matter  of  individual  option  with  school  teachers  as  to  whether  they 
will  read  the  bible  in  school  or  not,  such  option  being  restricted  only  by  the 
provision  that  no  child  shall  be  required  to  read  it  contrary  to  the  wishes  of  his 
parent  or  guardian,  and  such  provision  is  not  unconstitutional.     64  Iowa,  367. 

4.  While  moral  instruction  should  be  given  in  every  school,  neither  this  section 
nor  the  spirit  of  our  con^titiation  and  laws  will  permit  a  teacher  or  board  to  enforce 
a  regulation  in  regard  to  religious  exercises,  which  will  wound  the  conscience  of 
any,  and  no  scholar  can  be  required  to  conform  to  any  particular  mode  of  worship. 
64  Iowa,  367. 

5.  Moral  instruction  tending  to  impress  upon  the  minds  of  pupils  the  impor- 
tance of  truthfulness,  temperance,  purity,  public  spirit,  patriotism,  and  re-pect 
for  honest  labor,  obedience  to  parents  and  due  deference  for  old  age,  shall  be 
given  by  every  teacher  in  the  public  schools.     School  Laws  of  North  Dakota,  1896. 

6.  The  law  intends  that  the  public  schools  of  the  state  shall  be  absolutely  free 
from  any  sectarian  or  denominational  bias.  The  teaching  of  any  particular 
religious  doctrine  or  creed,  or  the  use  of  any  book  prepared  for  the  purpose  of 
inculcating  such  doctrine  or  creed,  is  strictly  forbidden  by  the  spirit  of  our  law, 
and  cannot  be  justified  or  allowed  in  any  case. 

7.  If  a  teacher  gives  religious  instruction  or  teaches  in  the  interest  of  any 
church  or  denomination,  the  board  may  be  prevented  from  continu?ing  or  sanc- 
tioning such  instruction,  by  injunction  from  the  courts;  and  having  ordered  or 
countenanced  this  instruction,  may  be  prevented  in  the  same  manner  from  paying 
such  teacher  from  the  public  school  funds. 

8.  The  diversion  of  the  school  fund  in  any  form  or  to  any  extent  for  the  sup- 
port of  sectarian  or  private  schools  is  inadmissible  and  clearly  in  violation  of  our 
laws.     59  Iowa,  70. 

9.  Public  money  shall  not  be  appropriated,  given  or  loaned  by  the  corporate 
authorities  of  any  county  or  township,  to  or  in  favor  of  any  institution,  school, 
association  or  object  which  is  under  ecclesiastical  or  sectarian  management  or 
control.     Code,  section  593. 

Section  2806.  1.  This  section  requires  boards  to  certify  the  specific  sums 
necessary  to  be  raised  for  teachers'  and  contingent  funds  to  the  board  of  super- 
visors, whose  duty  it  is  to  estimate  and  levy  the  percentura  necessary  to  raise  the 
amounts  so  certified. 

2.  The  general  rule  is  that  a  tax  estimated  by  the  board  after  the  third  Mon- 
day in  May  is  void.  This  renders  it  essential  that  boards  certify  taxes  within  the 
required  time.     73  Iowa,  304.     For  exceptions  see  sections  2767,  2796,  3973. 

3.  It  is  the  rule  that  schoolhouse  funds  must  bs  voted  by  the  electors.  Excep- 
tions, sections  2767.  2796,  2811,  2813  and  3973. 


SCHOOL  LAWS  OF   IOWA.  77 

uniformity  of  text-books;  also  such  sum  as  may  be  required 
for  the  teachers'  fund,  which,  including  the  amount  received 
from  the  semi-annual  apportionment,  shall  not  exceed  fifteen 
dollars  for  each  person  of  school  age  therein,  but  each  corpora- 
tion may  estimate  not  exceeding  two  hundred  and  seventy 
dollars,  including  such  apportionment,  for  each  regular  school 
therein.  No  tax  shall  be  estimated  by  the  board  after  the  third 
Monday  in  May  in  each  year.  School  corporations  containing 
territory  in  adjoining  counties  may  vote  and  estimate  all  taxes 
for  school  purposes  in  mills.  The  board  shall  apportion  any 
tax  voted  by  the  annual  meeting  for  schoolhouse  fund  among 

4.  It  is  wholly  within  the  discretion  of  the  board  of  directors  to  determine  the 
amounts  required  for  the  contingent  and  teachers'  funds.  41  Iowa,  153.  Any 
vote  of  the  electors  with  reference  to  these  amounts  is  only  suggestive,  and  is  not 
at»aij  binding. 

5.  The  board  of  directors  may  build  a  cave  near  the  schoolhouse,  using  any 
unappropriated  schoolhouse  or  contingent  fund  for  that  purpose.  See  note  14, 
section  2749. 

6.  This  section  limits  the  amount  which  may  be  levied  for  any  one  year,  to 
fifteen  dollars  per  scholar  for  teachers'  fund,  five  dollars  per  scholar  for  contingent 
fund,  and  five  dollars  per  scholar  extra  when  necessary  for  transportation  of 
pupils;  but  authorizes  the  levy  of  seventy-five  dollars  for  contingent,  and  two  hun- 
dred gjQd  seventy  dollars  for  teachers'  fund  for  each  regular  school,  even  if  the 
levy  thereby  exceeds  five  and  fifteen  dollars  per  scholar,  for  these  funds. 

7.  If  the  amount  of  schoolhouse  tax  voted  and  certified  by  the  board  of 
directors  in  anyone  year  exceeds  the  limit  which  the  board  of  supervisors  is  allowed 
to  levy  under  the  provisions  of  this  section,  it  is  the  duty  of  the  board  of  super- 
visors to  levy  only  the  maximum  amount  authorized  by  law.     Section  2807. 

8.  The  teachers' and  contingent  funds  are  not  to  be  apportioned  among  the 
subdjslricts,  but  levied  uniformly  on  the  taxacle  property  of  the  school  township. 

9.  Districts  formed  from  territory  lying  in  adjoining  counties,  may  vote  and 
certify  to  the  respective  boards  of  supervisors  the  number  of  mills  on  the  dollar 
required  to  raise  the  necessary  school  taxes. 

10.  All  schoolhouse  taxes  must  be  voted  either  by  the  district  or  by  the  sia'b- 
disirict  voters.  Sections  2749,  2750,  2751  and  2753.  When  voted  they  must  in  all 
cases  be  certified  to  the  board  of  supervisors.     For  exceptions,  see  noie  3  above. 

li.  The  provision  with  reference  to  taxes  voted  by  electors  of  subdistricts  for 
schoolhouse  purposes,  heldy  to  give  implied  au'thority  to  vote  such  taxes,  althoug.h 
the  {^^ower  was  not  elsewhere  expressly  conferred.     09  Iowa,  533. 

12.  The  township  voters  may  vote  a  tax  for  the  erection  of  a  schoolhouse  in 
any  subdistrict,  without  previous  action  of  the  subdistrict  voters. 

13.  If  the  subdistrict  voters  vote  to  raise  a  sum  for  schoolhouse  purposes,  it  is 
the  duty  of  the  secretary  to  certify  the  same  to  the  school  township  meeting. 

14.  All  necessary  schoolhouse  taxes  should,  as  a  rule,  be  voted  by  tne  school 
township  meeting. 

15.  The  first  proviso  in  this  section  does  not  apply  where  a  larger  tax  is 
required  to  meet  the  interest  on  valid  outstanding  bonds.  69  Iowa,  612.  Section 
2813. 

16.  The  second  proviso  in  this  section  was  added  for  the  relief  of  sparsely 
settled  communities,  in  which  five  dollars  per  scholar  for  contingent  fund  and 
fifteen  dollars  per  scholar  for  teachers'  fund,  is  not  adequate  to  maintain  schools 
for  the  time  required  by  law. 


78  SCHOOL    LAWS  OF   IOWA. 

the  several  subdistricts  in  such  a  manner  as  justice  and  equity- 
may  require,  taking  as  the  basis  of  such  apportionment  the 
respective  amounts  previously  levied  upon  said  subdistricts 
for  the  use  of  such  fund.  [28  G.  A.,  ch.  108;  15  G.  A.,  ch.  67, 
§  1;  C.73,  §§  1738,  1777-8,  1780;   R,  §§  2033-4,  2037-44,  2088.] 

Sec.  2807.  Levy  by  board  of  supervisors.  The  board  of 
supervisors  shalJ  at  the  time  of  levying  taxes  for  county  pur- 
poses levy  the  taxes  necessary  to  raise  the  various  funds 
authorized  by  law  and  certified  to  it  under  this  chapter,  but 
if  the  amount  certified  for  any  such  fund  is  in  excess  of  the 
amount  authorized  by  law  it  shall  levy  only  so  much  thereof 
as  is  authorized  by  law.  If  a  schoolhouse  tax  is  voted  at  a 
special  meeting  and  certified  to  said  board  after  the  regular 
levy  is  made,  it  shall  at  its  next  regular  meeting  levy  such  tax 
and  cause  the  same  to  be  forthwith  entered  upon  the  tax  list 
to  be  collected  as  other  school  taxes.  It  shall  also  levy  a  tax 
for  the  support  of  the  schools  within  the  county  of  not  less 
than  one  nor  more  than  three  mills  on  the  dollar  on  the 
assessed  value  of  all  the  taxable  property  within  the  county. 
[C.'73,  §§  1779-80;  R.,  §§  2057,  2059.] 

Sec.  3808.  Apportioninent.  The  county  auditor  shall,  on 
the  first  Monday  in  April  and  the  fourth  Monday  in  Septem- 
ber of  each  year,  apportion  the  school  tax,  together  with  the 
interest  of  the  permanent  school  fund  to  which  the  county  is 
entitled,  and  all  other  money  in  the  hands  of  the  county 
treasurer  belonging  in  common  to  the  schools  of  the  county 
and  not  included  in  any  previous  apportionment,  among  the 
several  coi'porations  therein,  in  proportion  to  the  number  of 
persons  of  school  age,  as  shown  by  the  report  of  the  county 
superintendent  filed  with  him  for  the  year  immediately  pre- 
ceding. He  shall  immediately  notify  the  county  treasurer  of 
such  apportionment  and  of  the  amount  due  thereby  to  each 
corporation.  The  county  treasurer  shall  thereupon  give 
notice'to  the  president  of  each  corporation,  and  shall  pay  out 
such  apportionment  moneys  in  the  same  manner  that  he  is 
authorized  to  pay  other  school  moneys  to  the  treasurers  of 
the  several  school  districts.  [27  G.  A.,  ch.  94;  C.'73,  §§  1781-2, 
1841;  R,  §§  1966,  2060-1.] 

17.  If  the  board  finds  a  sufficient  amount  of  teachers'  fund  and  contingent 
fund  on  hand  and  in  sight  to  support  the  schools  for  the  current  year,  it  may- 
decline  to  certify  any  amount  to  be  raised  under  this  section. 

18.  To  determine  conclusively  whether  it  is  the  duty  of  the  secretary  to  certify 
a  tax  supposed  to  have  been  voted  by  the  voters ,  but  with  regard  to  which  vote 
there  is  some  doubt,  an  application  to  a  court  for  a  writ  of  mandamus  or  injunc- 
tion as  the  case  may  be,  will  secure  a  settlement  of  all  questions  involved. 

19.  A  school  district  is  not  a  municipality  within  the  meaning  of  chapter  62, 
section  14,  laws  of  1894,  and  cannot  claim  one-half  of  the  mulct  tax.     102  Iowa,  5. 

Section  2808.  This  warrant  must  be  signed  by  the  president  and  coun- 
tersigned by  the  secretary,  to  authorize  payment  of  the  amount  named  therein 
upon  presentation  by  the  district  treasurer.     Form  18. 


SCHOOL   LAWS   OF  IOWA.  79 

Sec.  2809.  Auditor  to  report.  He  shall  forward  to  the 
superintendent  of  public  instruction  a  certificate  of  the  elec- 
tion or  appointment  and  qualification  of  the  county  super- 
intendent, and  shall  also,  on  the  second  Monday  in  February 
and  August  of  each  year,  make  out  and  transmit  to  the  auditor 
of  state,  in  accordance  with  such  form  as  said  auditor  may 
prescribe,  a  report  of  the  interest  of  the  school  fund  then  in 
the  hands  of  the  county  treasurer  and  not  included  in  any 
previous  apportionment,  and  also  the  amount  of  said  interest 
remaining  unpaid.     [C.'73,  §  1783.] 

Sec.  2810.  Taxes  paid  over.  Before  the  third  Monday  of 
January,  April,  July  and  October  in  each  year,  the  county 
treasurer  shall  give  notice  to  the  president  of  the  board  of 
each  school  corporation  in  the  county  of  the  amount  collected 
for  each  fund  to  the  first  day  of  such  month,  and  the  presi- 
dent of  each  board  shall  draw  his  draft  therefor,  countersigned 
by  the  secretary,  upon  the  county  treasurer,  who  shall  pay 
such  taxes  to  the  treasurers  of  the  several  school  boards  only 
on  such  draft.  He  shall  also  keep  the  amount  of  tax  levied 
for  schoolhouse  purposes  separate  in  each  subdistrict  where 
such  levy  has  been  made  directly  upon  the  property  of  the 
subdistrict,  and  shall  pay  over  the  same  quarterly  to  the 
treasurer  of  the  school  township  for  the  benefit  of  such  sub- 
district     [C.'73,  §§  1784-5.] 

Sec.  2811.  Judgment  tax.  When  a  judgment  shall  be 
obtained  against  a  school  corporation,  its  board  shall  order 

Section  2809.  1.  This  certificate  should  be  forwarded  to  the  superintendent 
of  public  instruction  as  soon  as  the  qualification  and  bond,  properly  approved,  have 
been  filed  in  the  office  of  the  county  auditor. 

2.  The  certificate  should  in  all  cases  certify  to  the  qualification  as  well  as  the 
election  or  appointment  of  the  county  superintendent,  for  although  he  may  be 
properly  elected  or  appointed,  yet  he  cannot  be  recognized  until  it  is  known  that 
he  has  taken  the  necessary  oath  of  office,  and  that  his  bond  is  approved. 

3.  Whenever  any  change  is  made  by  resignation  or  otherwise,  a  certificate  of 
the  appointment  and  qualification  of  a  successor  should  be  immediately  forwarded. 
Forms  39  and  40. 

Section  2810.  1.  It  is  the  duty  of  the  county  treasurer  to  notify  the  presi- 
dent of  the  board  of  each  district,  quarterly,  of  the  amount  collected  for  each  fund 
and  pay  it  to  the  district  treasurer  on  the  warrant  of  the  president  countersigned 
by  the  secretary.     Form  41. 

2.  Whenever  a  draft  is  drawn  on  the  county  treasury,  it  is  the  duty  of  the 
secretary  to  charge  the  district  treasurer  with  the  amount  named  in  the  draft, 
keeping  a  separate  account  with  each  fund.     Section  2761. 

3.  The  three  funds,  teachers',  schoolhouse,  and  contingent,  must  be  kept  sep- 
arate by  the  county  treasurer,  as  directed  in  this  section,  to  enable  school  officers 
to  comply  with  the  law  in  the  discharge  of  their  official  duties.  Sectrons  2761, 
2762,  2768  and  2769.     Form  41. 

4.  The  division  of  funds  made  by  the  county  treasurer  must  be  respected  by 
the  board ,  unless  the  electors  direct  schoolhouse  funds  unappropriated  transferred 
to  other  funds.     This  is  the  only  transfer  provided  for  by  law.     Section  2749  . 

Section  2811.  1.  An  order  drawn  under  this  section  is  not  entitled  to  pay- 
ment to  the  exclusion  of  other  orders.     40  Iowa,  620. 


go  SCHOOL   LAWS   OF  IOWA. 

the  payment  thereof  out  of  the  proper  fund  by  an  order  on  the 
treasurer,  not  in  excess,  however,  of  the  funds  available  for 
that  purpose.  If  the  proper  fund  is  not  sufficient,  then,  unless 
its  board  has  provided  by  the  issuance  of  bonds  for  raising  the 
amount  necessary  to  pay  such  judgment,  the  voters  thereof 
shall  at  their  annual  meeting  vote  a  sufficient  tax  for  the  pur- 
pose. In  case  of  failure  or  neglect  to  vote  such  tax,  the  school 
board  shall  certify  the  amount  required  to  the  board  of  super- 
visors, who  shall  levy  a  tax  on  the  property  of  the  corpora- 
tion for  the  same.  [l8  G.  A.,  ch.  132,  §  6;  C.  '73,  §  1787;  R., 
§  2005.J 

Sec.  2812.  Bonds.  The  board  of  directors  of  any  school 
^corporation  may  issue  the  bonds  of  said  corporation  to  pay  any 
judgment  against  said  corporation,  or  any  indebtedness  under 
bonds  lawfully  issued  and  redeemable  by  their  terms,  to  be 
known  as  school  funding  bonds.  The  board  may  also  issue 
bonds  to  be  known  as  school  tax  funding  bonds  to  the  extent 
of  any  uncollected  lawful  school  house  tax  duly  authorized 
by  the  voters,  to  be  paid  out  of  said  tax  when  said  tax  is  col- 
lected. All  of  i?aid  bonds  shall  be  authorized  by  resolution  of 
the  board.  The  board  may  also,  when  authorized  by  the 
voters,  issue  bonds  to  be  known  as  school  building  bonds  for 
the  purpose  of  providing  funds  for  the  erection,  completion 
or  improvement  of  school  houses,  and  the  purchase  of  sites 

2  Judgment  indebtedness  may  be  converted  into  bonded  indebtedness,  bnt 
■not  beyond  the  constitutional  limit. 

3  No  county  or  other  political  or  municipal  corporation,  including  cities  act- 
ing under  special  charters,  shall  be  allowed  to  become  indebted,  in  any  manner 
.or  for  any  purpose,  to  an  amount  in  the  aggregate  exceeding  one  and  one-fourth 
per  centum  on  the  actual  value  of  the  property  within  such  county  or  corporation, 
to  be  ascertained  by  the  last  state  and  c  unty  tax  list  previous  to  the  incuning  of 
-such  indebtedness.  28  G.  A.,  chapter  41.  In  the  37  Iowa,  page  542,  the 
supreme  court  holds  that  school  corporations  are  embraced  in  the  term  "politi- 
cal" as  used  here. 

Section  2812.  1.  Bonds  voted  under  the  provisions  of  this  section  may  bo 
issued  and  sold  as  the  necessities  of  the  school  corporation  require. 

2  If  actually  necessary,  the  board  may  issue  an  order  on  the  schoolhou-e  fund 
€or  the  purchase  of  a  site,  which  order  may  be  indorsed  by  the  treasurer  if  there 
is  U"  mouey  in  that  fund,  and  draw  interest.     Section  2768. 

3  Phis  section  authorizes  the  board  of  directors  of  any  school  corporation  to 
issu«-  tun  ting  bonds  without  a  vote  of  the  electors,  but  the  board  cannot  issue 
school  building  bonds  without  a  vote  of  the  electors. 

4  There  is  no  ictimate  connection  between  the  levy  of  taxes  and  an  outstand- 
ing b  .n  ^ed  iadebtedaess.  The  levy  of  taxes  is  not  intended  by  the  law  to  be  con- 
sider t  :is  an  outstanding  iadebtedness.  The  lim  t  of  bonded  indeotedness  is 
fix^tl  '  V  chapter  41,  laws  of  1900.  The  limit  for  levy  of  taxes  by  sections  2749, 
280'>  7    2813       See  note  3  under  section  2811. 

.S  \s  mdicating  the  valuation  of  the  district,  the  tax  lists  may  not  be  taken 

into  .'uur  until  after  the  levy  of  the  taxes  in  September.     70  Iowa,  230. 

h  1  order  that  the  bonds  may  be  negotiated  to  the  best  advantage  possible, 

gre  I    s  should  be  taken  to  foil.w  .he law  careluUy  in  every  respect. 


SCHOOL   LAWS   OF   IOWA.  g^ 

therefor.  Each  of  such  classes  of  bonds  shall  be  substantially 
in  the  form  provided  for  county  bonds,  but  subject  to  changes 
that  will  conform  them  to  the  action  of  the  board  providing 
therefor,  shall  not  run  more  than  ten  years,  be  in  denomina- 
tions of  not  more  than  one  thousand  nor  less  than  one  hundred 
dollars,  and  bear  a  rate  of  interest  not  exceeding  six  per  cent 
per  annum,  payable  semi-annually,  to  be  signed  by  the  presi- 
dent and  countersigned  by  the  secretary,  and  shall  not  be  dis- 
posed of  for  less  than  par  value,  nor  issued  for  other  purposes 
than  in  this  section  provided.  They  shall  be  payable,  respec- 
tively, at  the  pleasure  of  such  corporation  at  any  time  after 
the  expiration  of  five  years,  but  may  be  sooner  paid  if  so  nom- 
inated in  the  bonds,  be  registered  in  the  office  of  the  county 
auditor,  numbered  consecutively,  and  redeemable  in  the  order 
of  th(  ir  issuance.  Upon  being  issued  they  shall  be  delivered 
to  the  treasurer  thereof,  the  president  taking  receipt  there- 
for, and  thereupon  the  treasurer  shall  stand  charged  on  his 
official  bond  with  their  amount.  He  shall  sell  the  bonds  for 
not  less  than  par  value  and  apply  the  proceeds  thereof  in  pay- 
ment of  outstanding  indebtedness,  and  for  no  other  purpose 
than  in  this  act  authorized,  or  he  may  exchange  the  new  bonds 
for  outstanding  bonds  without  discount,  the  cost  of  engraving 
and  printing  the  bonds  to  be  paid  out  of  the  contingent  fund. 
The  treasurer  shall  keep  a  record  of  the  name  and  postoffice 
address  of  all  persons  to  whom  bonds  are  sold.  The  provi- 
sions relating  to  payment  of  county  bonds  and  notice  to  the 
owner  thereof  shall  also  apply  to  school  bonds  issued  under 
tliis  act.  [29  G.  A.,  oh.  127;  28  G.  A.,  ch.  142:  27  G.  A.,  ch.  95; 
21  G.  A.,  ch.  95;  18  G.  A  ,  ch.  51,  §§  1,  3;  18  G.  A.,  ch.  132,  §§ 
1-5;  16  G.  A.,  ch.  321;  C.  73,  §§  1821-2.] 

Sec.  2813.  Tax  to  pay  bonds  or  money  borrowed.  The 
board  of  each  school  corporation  shall,  at  the  same  time  and 
in  tiie  same  manner  as  provided  with  reference  to  other  taxes, 
fix  the  amount  of  tax  necessary  to  be  levied  to  pay  any 
amount  of  principal  or  interest  due  or  to  become  due  during 

7.  The  cost  of  the  blank  bonds  and  tae  expense  of  negotiating  the  bonds, 
should  be  paid  from  the  contingent  fund. 

8.  The  fact  that  the  vote  for  bonds  was  defeated  will  not  prevent  the  board 
from  caLing  another  election  at  any  time  when  it  thinks  best  to  do  so. 

9.  While  a  vote  to  issue  bonds  i  regarded  by  the  courts  as  somewhat  in  the 
■nature  of  permissive  authority  to  the  board,  yet  a  board  may  not  attempt  to  defeat 
the  wish  of  the  voters  clearly  expressed.     Decisions,  75,  laws  of  1897. 

10.  In  the  matter  of  issuing  bonds,  every  legal  requireme  .t  should  be  scru- 
puonsly  adhered  to,  in  order  that  not  even  the  slightest  irregularity  may  be  urged 
against  the  validity  of  the  bonds,  when  they  come  to  be  negotiated. 

11.  If  a  board  takes  an  action  calculated  to  thwart  the  will  of  the  voters,  per- 
haps any  person  interested  could  secure  from  a  court  a  writ  directing  the  board  to 
proceed  in  the  line  of  fulfilling  the  vote  by  the  voters. 

Section  2813.     It    is  the   duty  of    the   board   to   certify  whatever  amount   is 
(necessary  to  pay  principal  and  interest  on  bonds.     69  Iowa,  612. 
6 


82  SCHOOL   LAWS   OF   IOWA 

the  next  year  on  lawful  bonded  indebtedness,  which  amount 
shall  be  certified  to  the  board  of  supervisors  as  other  taxes, 
and  levied  by  them  on  the  property  therein  as  other  school 
taxes  are  levied,  but  such  tax  shall  not  exceed  five  mills  upon 
the  dollar  of  the  assessed  valuation  of  such  property  for 
money  borrowed  for  improvements.  [27  G.  A.,  ch.  95;  18  G. 
A.,  ch.  51,  §  2;  18  G.  A.  eh.  132,  §  6;  G.  '73,  §  1823.] 

Sec.  2814.  Schoolhouse  sites — acquisition.  Any  school 
corporation  may  take  and  hold  so  much  real  estate  as  may  be 
required  for  schoolhouse  sites,  for  the  location  or  construc- 
tion thereon  of  schoolhouses  and  the  convenient  use  thereof, 
but  not  to  exceed  one  acre,  except  in  a  city  or  incorporated 
town  it  may  include  one  block  exchjsive  of  the  street  or  high- 
way, as  the  case  may  be,  for  any  one  site,  unless  by  the  own- 
er's consent,  which  site  must  be  upon  some  public  road  already 

Section  2814.     1.     The  board  vShould  if  possible  purchase  a  site. 

2.  A  site  of  less  than  one  acre  may  be  enlarged  to  an  acre. 

3.  The  acre  authorized  to  be  set  apart  may  be  so  measured  as  not  to  include 
any  portion  of  the  highway.     70  Northwestern  Reporter,  706. 

4.  The  objection  of  an  owner  living  within  forty  rods  on  the  opposite  side  of 
a  site  will  not  prevent  an  addition  to  the  site  on  the  side  away  from  the  residence, 
so  as  to  include  an  entire  acre. 

5.  From  an  order  of  the  board  making  a  location  of  a  site  to  be  secured  by 
condemnation,  an  appeal  will  lie  the  same  as  from  any  other  order  of  the  board. 

6.  Property  incumbered,  occupied  as  a  homestead,  or  belonging  to  minor 
heirs,  may  be  taken  under  the  provisions  of  this  section. 

7.  If  the  district  cannot  establish  its  claim  to  the  schoolhouse  site,  owing  to 
the  loss  of  the  deed,  or  for  other  reason,  and  the  owner  refuses  to  sell  or  lease  the 
site,  the  district  may  avail  itself  of  the  provisions  of  this  and  the  following  sec- 
tions and  secure  a  site  not  to  exceed  one  acre. 

8.  When  purchased,  the  provisions  of  this  section  do  not  apply.  The  district 
stands  in  the  same  relation  to  the  public  and  to  individuals,  in  this  respect,  as  do 
other  corporations,  and  may  purchase  whatever  amount  of  land  may  be  necessary 
for  school  purposes. 

9.  All  sites  taken  under  the  provisions  of  these  sections  must  be  located  on  a 
public  road,  and  at  least  forty  rods  from  the  residence  of  the  owner  of  the  site  po 
taken  if  he  objects  to  its  being  placed  nearer.  A  person  not  the  owner  of  the  land 
upon  which  the  site  is  located  cannot  legally  object  if  the  site  is  located  nearer 
than  forty  rods  from  his  residence.  In  cities,  incorporated  towns,  or  villages 
this  prohibition  does  not  apply. 

10.  When  a  site  is  sought  to  be  condemned,  the  distance  of  forty  rods  men- 
tioned in  this  section,  is  measured  from  the  nearest  part  of  the  residence  to  the 
acarest  part  of  the  site,  in  a  straight  line. 

11.  Boards  may  rebuild  on  sites  without  consent  of  owners  of  residences 
within  forty  rods. 

12.  Under  the  Iowa  statute  of  limitations,  ten  years'  use  of  a  highway  by  the 
public,  under  a  claim  of  right,  will  bar  the  owner  of  the  soil.     19  Iowa,  123. 

13.  If  the  public,  with  the  knowledge  of  the  owner  of  land,  has  claimed  and 
continuously  exercised  the  right  of  using  the  same  for  a  public  highway,  for  a 
period  equal  to  that  fixed  by  the  statute  for  the  limitation  of  real  actions,  a  com- 

*_.,  plete  right  to  the  highway  thereby  becomes  established  against  the  owner,  unless 


SCHOOL  LAWS   OF   IOWA.  33 

established  or  procured  by  the  board  of  directors,  and  shall, 
except  in  cities,  incorporated  towns  or  villages,  be  at  least 
forty  rods  from  the  residence  of  any  owner  who  objects  to  its 
being  placed  nearer,  and  not  in  any  orchard,  garden  or  public 
park.     [C.  73,  §§  1825-6.] 

Sec.  2815.  Condemnation.  If  the  owner  of  the  real  estate 
desired  for  a  schoolhouse  site,  or  a  public  road  thereto, 
refuses  or  neglects  to  convey  the  same,  or  is  unknown  or  can- 
not be  found,  the  county  superintendent  of  the  proper  county, 
upon  the  application  of  either  party  in  interest,  shall  appoint 
three  disinterested  referees,  unless  a  less  number  shall  be 
agreed  upon,  who  shall  take  and  subscribe  an  oath  to  the 
effect  that  they  will  faithfully  and  impartially  discharge  the 
duties  laid  upon  them,  due  notice  having  been  given  by 
the  superintendent  to  the  owner  of  the  time  and  place  of 
making  the  assessments  of  damages  as  and  for  the  length  of 
time  required  for  the  commencement  of  actions  in  the  district 
court;  such  referees  shall  inspect  the  grounds  proposed  to  be 
taken,  fix  the  damages  sustained  as  near  as  may  be  on  the 
basis  of  the  value  of  the  real  estate  so  appropriated,  and  report 

it  appears  that  such  use  was  by  favor,  leave  or  mistake.  22  Iowa,  457.  Code 
section  3004. 

14.  In  case  the  land  desired  for  a  school  site  is  under  mortgage,  the  district 
may  receive  from  the  owner  the  lease  of  a  portion  not  to  exceed  one  acre ,  to  be 
held  by  the  district  as  long  as  used  for  school  purposes,  and  when  no  longer  so 
used,  to  revert  to  the  owner. 

15.  The  unmolested  use  of  a  site  for  a  long  term  of  years  is  probably  sufficient 
I  evidence  of  its  dedication  to  the  district  for  school  purposes.     At  any  rate,  the 

district  being  in  possession,  it  would  seem  proper  for  the  board  to  assume  a  grant, 
and  to  continue  to  occupy  the  site  and  improve  it.  If  any  person  brings  an  action 
against  the  board,  the  president  will  then  be  required  to  appear  and  defend  in 
behalf  of  the  district,  and  counsel  may  be  employed  by  the  board. 

16.  If  a  district  is  in  continuous  possession  under  claim  of  ownership  for  more 
than  ten  years,  it  becomes  the  absolute  owner  of  the  fee  title.  93  Iowa,  45,  and 
94  Iowa,  676. 

17.  When  land  is  purchased  for  a  site,  it  will  include  a  part  of  the  highway  on 
which  it  is  situated,  unless  otherwise  stipulated  in  the  deed. 

Section  2815.  1.  If  personal  service  cannot  be  made,  the  notice  must  be 
published  in  a  newspaper.  If  the  owner  of  the  land  lives  in  the  county,  notice 
must  be  served  on  him  at  least  ten  days  before  the  time  set  for  the  assessment  of 
damages.  If  the  owner  or  parties  having  an  interest  therein  reside  outside  of  the 
county  and  in  the  same  judicial  district,  fifteen  days'  notice  must  be  given.  If 
outside  of  the  judicial  district  but  in  the  state,  twenty  days'  notice.  If  parties  live 
outside  of  the  state,  the  notice  must  be  published  once  a  week  for  four  consecutive 
weeks  in  some  newspaper  published  in  the  county.  Code,  sections  3514-3544. 
Forms  42,  43,  44,  45  and  46. 

2.  The  oath  to  tha  referees  may  not  be  administered  by  the  county  superin- 
tendent by  reason  of  his  office.  Such  oath  may  be  administered  by  some  one 
empowered  in  a  general  way  to  administer  oaths.  One  referee  may  administer  the 
oath  to  another  referee.  Code,  section  393.  A  district  may  coademn  a  full  acre 
of  land.     101  Iowa.  556. 


34  SCHOOL    LAWS   OF   IOWA. 

in  writing  to  the  superintendent  their  doings  and  findings, 
which  report  shall  be  filed  and  preserved  in  his  office;  and 
upon  the  amount  found  by  the  referees  being  deposited 
with  the  county  treasurer,  for  the  use  of  the  owner,  posses- 
sion may  at  once  be  taken  and  the  necessary  building  or  build- 
ings erected  and  occupied.  From  the  assessment  so  made 
either  party  may  appeal  to  the  district  court  by  giving  notice 
thereof  as  in  case  of  taking  private  property  for  works  of  inter- 
nal improvement  within  twenty  days  after  receiving  notice  of 
the  award  made.  If  such  appeal  is  not  taken,  the  assessment 
shall  be  final;  if  taken,  the  board  may  proceed  with  the  con- 
struction of  improvements,  if  the  deposit  hereinbefore  pro- 
vided has  been  or  shall  be  made.  Upon  such  appeal  the 
school  corporation  shall  not  be  liable  for  costs  unless  the 
owner  shall  be  allowed  a  greater  sum  than  given  by  the  ref- 
erees; all  costs  in  making  the  referees'  assessment  to  be  paid 
by  the  school  corporation.     [C.  '73,  §  1827  ] 

3.  If  the  land  cannot  be  procured  by  contract,  the  road  may  be  established  in 
the  same  manner  and  by  the  proceedings  provided  for  the  establishment  of  high- 
ways, and  when  the  damage  has  been  assessed,  the  district  may  pay  the  same. 
Sections  1482-1517.     Decisions,  68. 

4.  As  a  matter  of  safety,  a  lease  should  be  executed  in  duplicate,  one  to  be 
held  by  the  secretary  of  the  board,  and  the  other  by  the  lessor.  The  lease  should 
be  approved  by  the  board,  as  in  case  of  a  contract,  and  should  be  filed  with  the 
secretary. 

5.  Sufficient  time  must  be  allowed  between  the  appointment  of  this  commission 
and  the  time  set  for  appraising  the  damages  to  give  the  owner  legal  notice  thereof. 
Code,  sections  3517  and  3540. 

6.  The  referees  are  entitled  to  two  dollars  for  each  day's  service,  and  ten 
cents  per  mile  from  their  residence  to  the  location  of  the  property  appraised. 
Code,  sections  354  and  1290. 

7.  The  holder  of  a  tax  certificate  on  property  sought  to  bs  condemned  is  an 
owner  in  such  sense  that  he  is  entitled  to  notice.     50  Iowa,  663. 

8.  When  the  owner  of  land  taken  is  unknown,  or  cannot  be  found,  it  is  not 
necessary  to  print  the  report  of  appraisement,  or  to  attempt  other  notice  to  said 
owner  than  the  printed  notice  required  by  this  section.  It  is  sufficient  for  the 
county  superintendent  to  send  a  certified  copy  to  the  board. 

9.  If  the  board  has  deposited  with  the  county  treasurer  the  amount  asses.sed 
by  the  referees  in  accordance  with  this  section,  we  think  the  courts  would  hold 
that  the  district  had  come  into  possession  of  the  site,  or  would  be  entitled  to  the 
use  of  the  road. 

10.  The  money  deposited  with  the  county  treasurer  should  be  held  for  the 
benefit  of  the  owner  of  the  fee,  and  not  for  the  mortgagee. 

11.  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him  for  the 
owner  of  the  land,  may  be  the  only  evidence  of  title,  such  a  receipt  should  have  a 
full  description  of  the  property,  and  should  be  recorded  by  the  county  recorder. 

12.  No  deed  or  other  instrument  from  the  ov/ner  is  required  to  authorize  the 
district  to  occupy  the  land  for  school  purposes .  The  proceedings  should  be  recorded 
in  full  by  the  district  secretary. 

13.  All  deeds  for  school  property  should  be  recorded  with  the  county  recorder, 
find  the  proceedings  relating  to  the  acquisition  of  such  property  should  be  recorded 
if  null  by  the  district  secretary. 


SCHOOL   LAWS   OF  lOWl.  85 

Sec.  2816.  Reversion.  In  the  case  of  non-user  for  school 
purposes  for  two  years  continuously  of  any  real  estate 
acquired  for  a  schoolhouse  site  it  shall  revert,  with  improve- 
ments thereon,  to  the  owner  of  the  tract  from  which  it  was 
taken,  upon  repayment  of  the  purchase  price  without  inter- 
est, together  with  the  value  of  the  improvements,  to  be 
determined  by  arbitration,  but  during  its  use  the  owner  of 
the  right  of  reversion  shall  have  no  interest  in  or  control 
over  the  premises.     [C.  '73,  §  1828.] 

Sec.  2817  Use  of  barbed  wire.  Barbed  wire  shall  not  be 
used  to  enclose  any  school  buildings  or  grounds,  nor  for  any 
fence  or  other  purpose  within  ten  feet  of  any  such  grounds. 
Any  person  violating  the  provisions  of  this  section  shall  be 
punished  by  fine  not  exceeding  twenty-five  dollars.  [20  G.  A., 
ch.  103.] 

Sec.  2818.  Appeal  to  county  superintendent.  Any  person 
aggrieved  by  any  decision  or  order  of  the  board  of  directors  of 
any  school  corporation  in  a  matter  of  law  or  fact  may  within 

14.  When  land  sought  to  be  taken  for  a  road  has  been  legally  condemned » 
and  the  amount  found  by  the  referees  has  been  deposited  with  the  county  treasurer » 
application  should  be  made  by  the  board  to  the  board  of  supervisors  for  the 
establishment  of  the  road  under  sections  1482-1517. 

15.  Petition  to  the  board  of  supervisors  may  be  made  by  the  electors  as 
individuals.     110  Iowa,  707. 

Section  2816.  1.  In  case  of  the  donation  of  a  schoolhouse  site,  the  follow- 
ing reversionary  clause  may  be  appended  to  the  deed:  Provided,  that  if,  for  tfie 
space  of  two  consecutive  years  said  premises  shall  cease  to  be  used  for  school  pur^ 
poses,  the  same  shall  revert  to  the  original  donor ,  his  heirs  or  assigns ,  without  legal 
hindrance  or  expense. 

2.  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him,  for  the 
owner  of  the  land,  may  be  the  only  evidence  of  title,  such  receipt  should  have  a 
full  description  of  the  property,  and  contain  this  proviso  in  addition  to  note  1 
above:  Upon  the  repayment  of  the  principal  amount  paid  by  the  district,  without 
interest,  together  with  the  value  of  any  improvements  thereon  made  by  the  district ^ 
and  the  receipt  should  be  recorded  by  the  county  recorder. 

Section  2818.  i.  There  are  many  matters  that  may  not  properly  be  brought 
before  the  county  superintendent  on  appeal.  From  time  to  time  questions  are 
likely  to  arise  upon  which  the  board  should  be  governed  by  its  best  judgment,  or 
by  (omp3  ent  legal  advice. 

1^.  School  officers  should  not  express  an  official  opinion  upon  matters  entirely 
outside  of  their  jurisdiction.  Upon  these  subjects  it  is  therefore  useless  to  expect 
county  superintendents,  or  this  department,  to  give  any  other  than  general  infor- 
mation, such  as  is  presumably  already  within  the  knowledge  of  those  applying. 

2.  The  filing  of  an  affidavit  of  appeal  has  the  effect  of  arresting  all  action  by 
the  board  in  relition  to  the  matter  appealed  from  until  the  appeal  is  disposed  of. 

3.  During  the  pendency  of  an  appeal  all  matters  must  remain  in  statu  quo, 
and  this  can  be  enforced  by  writ  of  injunction.  No  opinion  relating  to  matters 
involved  in  an  appeal  will  be  given  by  this  department. 

4.  An  affidavit  is  a  written  declaration,  sworn  to  before  some  officer  author- 
ized to  administer  oaths.     Code,  section  4673. 

5.  A  county  superintendent  can  have  no  jurisdiction  of  an  appeal  case  until 
the  affidavit  has  been  filed.     Decisions,  5. 


86  SCHOOL   LAWS   OF  IOWA. 

thirty  days  after  the  rendition  of  such  decision  or  the  making 
of  such  order,  appeal  therefrom  to  the  county  superintendent 
of  the  proper  county;  the  basis  of  the  proceedings  shall  be  an 

6.  A  notice  of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a  petition, 
ia  not  sufficient  to  give  the  county  superintendent  jurisdiction  in  appeal  cases. 
Form  47. 

7.  The  affidavit  should  contain  a  statement  of  the  decision  complained  of  and 
its  date,  a  statement  of  facts  showing  that  the  appellant  has  an  interest  in  the 
decision  and  is  injuriously  affected  by  it,  and  the  assignment  of  errors.    Form  47. 

8.  An  affidavit  of  appeal,  to  be  of  any  value,  must  be  sufficiently  clear  to 
enable  the  county  superintendent  to  call  upon  the  secretary  for  a  complete  tran- 
script of  an  action  that  must  be  described  so  as  to  be  identified. 

9.  This  affidavit  being  the  first  paper  filed,  care  should  be  taken  that  the  case 
is  properly  entitled,  and  this  title  should  be  preserved  throughout  the  further 
progress  of  the  appeal.'  The  date  of  filing  should  be  indorsed  upon  the  affidavit 
by  the  superintendent. 

10.  When  a  board  receives  official  notice  that  an  affidavit  of  appeal  from  its 
order  has  been  filed,  all  action  by  the  board  in  relation  to  the  matter  appealed 
from  will  be  suspended  until  the  decision  in  appeal  has  been  given. 

11.  The  right  of  appeal  is  limited  to  persons  aggrieved  o;-  injuriously  affected 
by  the  decision  or  order  complained  of.     Decisions,  18  and  28. 

12.  If  a  person  aggrieved  by  a  decision  or  order  of  the  board  fails  to  protect 
his  rights  by  taking  an  appeal  within  the  thirty  days  prescribed ,  he  is  barred  by 
the  statute  from  the  remedy  of  appeal. 

13.  In  computing  time  the  first  day  shall  be  excluded  and  the  last  included, 
unless  the  last  falls  on  Sunday,  in  which  case  the  time  prescribed  shall  be  extended 
so  as  to  include  the  whole  of  the  following  Monday.  Code,  section  48,  subsec- 
tion 23. 

14.  When  the  act  complained  of  is  of  a  discretionary  character,  the  action  of 
the  board  should  be  sustained,  unless  it  is  clearly  shown  that  the  board  violated 
law,  abused  its  discretion,  or  acted  with  manifest  injustice.  Decisions,  37,  48, 
51  and  56. 

15.  In  certain  cases  an  aggrieved  party  has  a  choice  of  legal  remedies.  56 
Iowa,  476.     69  Northwestern  Reporter,  544. 

16.  As  an  appeal  often  consumes  valuable  time,  mandamus  is  sometimes  a 
more  speedy  as  well  as  a  better  remedy,  to  compel  the  performance  of  an  official 
duty.     Decisions,  11  and  33. 

17.  Where  the  law  is  mandatory  in  requiring  the  board  to  act  upon  a  petition, 
the  remedy  for  its  refusal  is  mandamus  and  not  appeal.     86  Iowa,  669. 

18.  When  a  board  violates  a  mandatory  requirement,  application  by  an 
interested  party  to  a  court  for  a  writ  to  compel  the  board  to  act  as  directed  by  the 
statute  is  the  more  speedy  and  preferable  remedy.  44  Iowa,  432;  50  Iowa,  648, 
and  71  Iowa,  632.     Decisions,  33. 

19.  To  correct  an  illegal  action  of  the  board,  where  the  board  acts  judicially, 
certiorari,  and  not  appeal,  is  the  remedy.     55  Iowa,  215.    Decisions,  17. 

20.  That  an  appeal  may  lie  there  must  be  an  order  or  action  by  the  board.  To 
compel  an  action,  appeal  is  not  the  remedy,  but  application  to  a  court  of  law. 

21.  By  an  action  of  the  board  is  meant  a  vote  taken  by  it  and  made  of  record 
at  a  meeting  legally  constituted.  The  board  may  at  any  time  correct  mistakes  in 
its  record,  or  supply  omissions. 

22.  Appeal  cannot  be  taken  where  the  board  simply  refuses  or  neglects  to  act. 
71  Iowa,  632. 

23.  In  case  of  wilful  neglect  or  intentional  failure  to  take  action  as  intended  by 


SCHOOL  LAWS   OF   IOWA.  37 

affidavit  filed  with  the  county  superintendent  by  the  party 
aggrieved  within  the  time  for  taking  the  appeal,  which  affi- 
davit shall  set  forth  any  error  complained  of  in  a  plain  and 
concise  manner.     [C.  73,  §§  1829-31;  R.,  §§  2133-5.] 

Sec.  2819.  Hearing:  and  decision.  The  county  superin- 
tendent shall,  within  five  days  after  the  filing  of  such  affidavit 
in  his  office,  notify  the  secretary  of  the  proper  school  corpo- 
ration in  writing  of  the  taking  of  such  appeal;  the  latter  shall, 

the  law,  the  remedy  for  any  party  aggrieved  is  application  to  a  court  for  a  writ  to 
require  the  board  to  consider  and  act  upon  the  important  matter  brought  to  itg 
attention.  And  its  order  when  made  of  record  will  then  be  subject  to  be  mado 
the  basis  of  an  appeal. 

24.  If  desirable  to  clear  the  record,  or  to  make  a  matter  plain  beyond  ques- 
tion, sometimes  the  board  may  re-enact  all  its  former  transactions  with  regard  to 
the  matter  involved.  If  it  is  supposed  that  the  board  took  an  action  which  pur- 
posely was  not  made  a  matter  of  record,  it  may  be  compelled  by  an  order  of  court 
to  complete  its  record . 

25.  No  appeal  may  be  taken  from  the  action  of  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.     Note  13  to  section  2802. 

26 .  An  appeal  may  be  taken  from  an  action  of  the  board  to  lay  a  petition 
on  the  table.     Decisions,  87. 

27.  In  an  appeal  to  the  county  and  state  superintendent  of  public  instruction, 
from  the  action  of  the  board  fixing  boundaries,  the  superintendents  have  jurisdic- 
tion de  novo,  and  can  enter  any  order  that  the  board  could  have  made  in  the 
matter.     110  Iowa,  652. 

28.  An  appeal  to  the  county  superintendent  settles  conclusively  the  wrong- 
fulness of  the  teacher's  discharge,  though  such  appeal  was  determined  on  the 
ground  that  plaintiff  had  not  been  given  a  hearing  before  the  board  of  directors, 
and  not  on  the  merits  of  the  case.     110  Iowa,  313. 

Section  2819.  1.  The  notice  should  describe  the  decision  or  order  appealed 
from,  so  that  it  may  be  identified,  and  should  require  the  district  secretary  to  file 
the  transcript  with  the  superintendent  within  the  time  specified.  The  notice  may 
be  served  personally  or  sent  by  mail.     Form  48. 

2.  The  secretary  shall  make  and  forward  a  transcript  or  copy  of  the  record  of 
all  actions  of  the  board  relating  to  the  decision  or  order  appealed  from;  also  of  all 
petitions,  remonstrances,  plats,  and  other  papers  pertaining  thereto.  The  original 
papers  must  be  preserved  with  the  district  records.     Form  49. 

3.  The  basis  of  an  appeal  is  the  recorded  action  of  the  board.  If  the  secre- 
tary certifies  that  there  is  no  record  of  an  action  by  the  board  in  any  such  matter 
as  is  described  in  the  notice  for  a  transcript,  then  it  will  be  impossible  to  carry 
forward  the  appeal.     Note  23  to  section  2818. 

4.  A  failure  to  file  the  transcript  will  not  a^ect  the  proceedings  in  any  other 
way  than  to  cause  delay.  The  secretary  will  takt;  the  risk  of  censure  by  a  court 
for  failure  to  attend  to  his  official  duty.     Decisions,  34,  Laws  of  1897. 

5.  The  time  to  elapse  between  the  filing  of  the  transcript  and  the  hearing  of 
the  appeal  is  not  fixed  by  the  statute.  This  is  left  to  the  county  superintendent  to 
determine. 

6.  Notice  of  the  time  and  place  of  hearing  should  be  given  to  the  appellant, 
to  the  secretary  of  the  board ,  and  to  any  other  persons  known  to  be  directly  inter, 
ested.     The  notices  may  be  served  personally  or  sent  by  mail.     Form  50. 


88  SCHOOL   LAWS   OF   IOWA. 

within  ten  days  after  being  thus  notified,  file  in  the  office  of 
the  county  superintendent  a  complete  transcript  of  the  record 
an  proceedings  relating  to  th  e  decision  complained  of,  which 
transcript  shall  be  certified  to  be  correct  by  the  secretary; 
after  the  filing  of  the  transcript  aforesaid  the  county  superin- 
tendent shall  notify  in  writing  all  persons  adversely  interested 
of  the  time  and  place  where  the  matter  of  the  appeal  will  be 
heard  by  him.  At  the  time  fixed  for  the  hearing  he  shall 
hear  testimony  for  either  party,    and  he  shall  make  such 

7.  The  appellant,  the  president,  the  secretary  of  the  board,  and  other  parties 
known  to  be  directly  interested,  should  receive  a  copy  of  this  notice. 

8.  The  date  of  filing  every  paper  should  be  indorsed  thereon;  also  in  the  case 
of  motions,  orders  and  rulings  of  the  county  superintendent.  All  oral  motions  and 
an  abstract  of  the  testimony  should  be  reduced  to  writing  at  the  time  of  trial. 

9.  The  docket  or  minutes  of  the  superintendent  should  commence  by  coting 
the  filing  of  the  affidavit.  He  will  afterward,  as  the  acts  transpire,  record  the 
sending  of  the  notice  of  appeal  to  the  district  secretary,  the  filing  of  the  transcript, 
the  sending  of  notices  of  the  hearing,  and  any  adiournment  of  the  case  that  may 
be  granted.  At  the  trial  he  will  carefully  note  down  the  names  of  all  parties 
appearing,  and  their  postofifice  address,  and  whether  they  appear  for  or  against 
the  appeal;  also,  the  filing  of  all  papers  and  names  of  witnesses,  and  in  whose 
behalf  such  papers  or  witnesses  are  introduced.  The  decision  of  the  superintend- 
ent will  form  an  appropriate  close  of  his  minutes. 

10.  All  evidence  must  be  given  under  oath,  and  the  substance  reduced  to 
writing  at  the  time  by  the  county  superintendent.  It  is  recoramenc'ed  that  a  sum- 
mary of  what  each  witness  testifies  be  made,  read  to  the  witness,  and  signed  by 
him.  It  is  of  the  first  importance  that  the  record  of  the  testimony  be  full  and 
accurate,  as  the  decision  of  the  county  superintendent,  also  of  the  superintendent 
of  public  instruction,  in  case  the  appeal  is  carried  up,  must  be  based  upon  the 
record  of  evidence  introduced.  This  testimony  should  be  preserved  with  the  other 
papers  of  the  case. 

11.  While  the  county  superintendent  will  not  be  prevented  from  entertaining 
and  considering  testimony  not  before  the  board,  the  general  rule  and  practice 
should  be  to  attempt  to  confine  the  hearing  as  far  as  practicable  to  the  matters 
considered  by  the  board  and  to  the  facts,  statements,  and  testimony,  that  were 
within  the  possession  of  the  board  at  the  time  the  action  complained  of,  which  is 
being  reviewed  by  the  county  superintendent,  was  taken. 

12.  In  case  of  disturbance  or  interruption  during  the  trial  of  an  appeal  befo;e 
a  county  superintendent,  as  he  is  not  invested  with  complete  judicial  power,  he 
has  only  the  ordinary  remedy  of  complaint  to  the  proper  authorities.  Code,  sec- 
tion 5033. 

13.  The  county  superintendent  may  upon  his  own  motion  call  any  witness  to 
the  stand  and  have  his  testimony  taken. 

14.  While  mere  technicalities  should  not  be  permitted  to  prevent  the  attain- 
ment of  justice,  it  is  proper  that  as  to  evidence  and  practice  the  superintendent 
should  be  governed  by  many  of  the  rules  which  ordinarily  obtain  in  courts. 

15.  The  leading  question  to  be  determined  by  the  county  superintendent  is 
whether  in  making  the  decision  or  order  complained  of,  the  board  committed  error 
to  such  an  extent  as  to  require  a  reversal. 

16.  Acts  of  a  board  purely  discretionary  in  their  nature  should  be  given  great 
weight.  To  warrant  a  reversal,  positive  error  must  be  found,  and  such  error 
must  appear  clearly  in  the  testimony. 


SCHOOL   LA.WS   OF  IOWA.  g^ 

decision  as  may  be  just  and  equitable,  which  shall  be  final 
unless  appealed  from  as  hereinafter  provided,  fc.  '73,  ^^ 
1832-4;  R,  §§2136-8.] 

Sec.  2820.  Appeal  to  state  superintendent — no  money 
judgment.  An  appeal  may  be  taken  from  the  decision  of  the 
county  superintendent  to  the  superintendent  of  public  instruc- 
tion in  the  same  manner  as  provided  in  this  chapter  for  takino: 
appeals  from  the  board  of  a  school  corporation  to  the  county 
superintendent,  as  nearly  as  applicable,  except  that  thirty 
days'  notice  of  the  appeal  shall  be  given  by  the  appellant  to 

17.  When  an  appellate  tribunal  is  unable  to  decide  an  appeal  because  the  tes- 
timony is  insufficient  or  the  transcript  of  the  action  of  the  board  is  incomplete, 
and  the  facts  are  not  sufficiently  shown  to  determine  what  should  be  done,  the 
case  may  be  remanded  for  a  new  trial,  or  for  further  action  by  the  board. 

18.  To  those  interested  in  the  issue  of  an  appeal  the  county  superintendent 
should  send  a  statement  of  the  result;  that  is,  whether  the  order  of  the  board  was 
affirmed  or  reversed. 

Section  2820.  1.  Appeals  to  the  superintendent  of  public  instruction  are 
conducted  in  the  same  manner  and  governed  by  the  same  rules,  so  far  as  applica- 
ble, as  appeals  to  county  superintendents.  The  basis  of  appeal  must  be  an  affida- 
vit filed  in  the  office  of  the  superintendent  of  public  instruction,  within  thirty 
days  from  the  date  of  the  decision  appealed  from. 

2.  Upon  the  filing  of  an  affidavit  the  superintendent  of  public  instruction  will 
notify  the  county  superintendent  to  forward  a  transcript  of  the  papers  in  the  case 
within  thirty  days.  The  original  papers  must  bs  preserved  on  file  in  the  county 
superintendent's  office. 

3.  When  an  appeal  is  taken  to  the  superintendent  of  public  instruction,  the 
county  superintendent  must  have  a  copy  of  the  testimony  and  of  his  docket  pre- 
pared.    It  is  very  desirable  that  this  transcript  should  be  in  typewritten  work. 

4.  The  transcript  of  the  county  superintendent  will  consist  of  a  literal  copy 
of  every  paper  filed  and  all  indorsements  thereon,  together  with  a  copy  of  all 
testimony  given,  the  whole  arranged  in  chronological  order,  closing  with  the 
decision  of  the  county  superintendent  in  full ,  with  the  certificate  annexed .     Form  51 . 

5.  The  transcript  in  an  appeal  is  supposed  to  be  an  exact  copy  of  the  papers 
and  testimony  in  the  case,  preserved  on  file  in  the  office  of  the  county  superin- 
tendent. Any  one  interested  may  claim  the  privilege  of  examining  the  original 
records  in  the  case,  at  any  proper  time. 

6.  It  is  obvious  that  the  county  superintendent  himself  should  not  be  expected 
to  pay  for  having  a  typewritten  transcript  of  the  record  made  in  an  appeal  to  the 
superintendent  of  public  instruction.  Expenses  of  this  character,  closely  connected 
by  law  with  the  work  of  the  county  superintendent's  office,  should  be  paid  for  by 
the  board  of  supervisors  in  the  same  manner  that  assistance  is  furnished  to  other 
county  officers  when  needed. 

7.  The  law  requires  that  the  appellant  shall  give  thirty  days'  notice  to  the 
couQty  superintendent,  and  also  to  the  adverse  party,  of  the  taking  of  the  appeal. 
This  notice  should  be  served  as  soon  as  the  affidavit  of  appeal  has  been  filed  and 
proof  of  such  service  should  be  filed  with  the  affidavit.  The  time  for  final  hearing 
of  the  appeal  will  be  fixed  by  the  superintendent  ol  public  instruction,  and  may  be 
at  any  time  after  thirty  days  from  the  filing  of  the  affidavit. 

8.  At  the  hearing,  parties  interested  may  appear  personally  or  by  attorney^ 
and  argue  their  cases  orally  if  they  desire,  or  they  may  send  arguments  in  writing. 
or  if  possible,  in  typewriting. 


90  SCHOOL   LAWS   OF  IOWA. 

the  county  superintendent,  and  also  to  the  adverse  party. 
The  decision  when  made  shall  be  final.  Nothing  in  this 
chapter  shall  be  so  construed  as  to  authorize  either  the 
county  or  state  superintendent  to  render  judgment  for  money; 
neither  shall  they  be  allowed  any  other  compensation  than  is 
now  allowed  by  law.  All  necessary  postage  must  first  be  paid 
by  the  party  aggrieved,     [C.  '73,  §§  1835-6;  R.,  §§  2139-40.] 

9.  The  record  of  the  case  in  the  office  of  the  county  superintendent,  which  is 
a  public  record  and  open  to  examination  by  parties  interested,  will  furnish  all 
needed  data,  where  access  to  transcript  sent  up  is  inconvenient. 

10.  The  superintendent  of  public  instruction  will  not  hear  original  testimony 
in  cases  submitted  to  him.     Decisions,  50,  Laws  of  1897. 

11.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refusing 
to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehearing, 
the  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the  case 
of  an  appeal  from  a  board  of  directors.  If  any  one  is  aggrieved  by  the  result  of 
this  investigation ,  an  appeal  may  be  taken  therefrom  to  the  superintendent  of 
public  instrnction. 

12.  A  person  in  whose  fiavor  an  appeal  is  decided,  has  the  remedy  of  a  writ  of 
mandamus  from  a  court  of  law  to  enforce  the  decision  of  appeal.  69  Iowa,  533, 
and  72  Iowa,  379. 

13.  'V  '^'=^cision  in  appeal  by  a  county  superintendent  or  the  superintendent  of 
public  instruction  is  final  in  the  sense  that  no  court  will  attempt  to  review  or  set 
aside  such  a  decision  if  the  matters  included  are  clearly  within  the  jurisdiction  of 
such  school  officers.     69  Iowa,  533,  and  110  Iowa,  652. 

14.  An  appeal  decision  does  not  always  prevent  the  board  from  acting  anew 
upon  the  matters  involved  in  the  appeal.  If  the  order  of  a  board  is  affirmed  the 
board  will  be  left  free  to  take  any  action  thought  best  by  it;  that  is,  it  will  have 
the  same  freedom  to  act  that  it  would  have  if  no  appeal  had  been  taken. 

15.  Until  the  board  has  taken  a  different  action  no  doubt  mandamus  will  be  a 
remedy  to  compel  the  board  to  carry  into  effect  the  appeal  decision  and  the  former 
action  of  the  board. 

16.  If  it  is  shown  conclusively  that  a  transcript  is  materially  defective,  that 
valuable  testimony  heard  upon  the  trial  before  the  county  superintendent  is  not 
included  in  the  transcript,  or  that  testimony  which  should  not  have  been  omitted 
was  excluded,  an  appeal  case  may  be  remanded  to  the  county  superintendent  for 
another  trial. 

17.  When  the  decision  of  the  county  superintendent  on  appeal,  reversing  the 
order  of  the  board,  is  reversed  by  the  superintendent  of  public  instruction  on  the 
appeal  to  him,  the  effect  of  the  last  decision,  which  is  final,  is  to  affirm  the  orig- 
inal order  made  by  the  board,  and  the  result  of  this  is  to  leave  the  matter  as 
entirely  in  the  hands  of  the  board  as  though  no  appeal  had  ever  been  taken  from 
its  action.     Decisions,  48. 

18.  But  if  the  county  superintendent  reverses  an  order  of  the  board  and  the 
superintendent  of  public  instruction  affirms  the  decision  of  the  county  superintend- 
ent, such  decision  will  prevent  the  board  from  taking  any  action  in  the  matter 
until  some  material  change  occurs,  rendering  such  a  new  action  necessary. 
Decisions,  34  and  62. 

19.  Payment  for  postage  in  advance  will  be  required  with  the  affidavit.  It  is 
impossible  to  tell  what  amount  of  postage  will  be  needed  in  each  case,  and  one 
dollar  will  be  required  to  cover  all  needed  postage.  If  the  dollar  does  not  accom- 
pany the  affidavit,  the  filing  will  be  delayed  until  the  amount  is  received. 


SCHOOL   LAWS   OF    IOWA.  g^ 

Sec.  2821.  Witnesses— fees.  The  county  superintendent 
in  all  matters  triable  before  him  shall  have  power  to  issue 
subpoenas  for  witnesses,  which  may  be  served  by  any  peace 
officer,  compel  the  attendance  of  those  thus  served,  and  the 
giving  of  evidence  by  them,  in  the  same  manner  and  to  the 
same  extent  as  the  district  court  may  do,  and  such  witnesses 
and  officers  may  be  allowed  the  same  compensation  as  is  paid 
for  like  attendance  or  service  in  such  court,  which  shall  be 
paid  out  of  the  contingent  fund  of  the  proper  school  corpora- 
tion, upon  the  certificate  of  the  superintendent  to  and  warrant 
of  the  secretary  upon  the  treasurer;  but  if  the  superintendent 
is  of  the  opinion  that  the  proceedings  were  instituted  without 
reasonable  cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall 
not  besustained,  he  shall  enter  such  findings  in  the  record, 
and  tax  all  costs  to  the  party  responsible  therefor.  A  tran- 
script thereof  shall  be  filed  in  the  office  of  the  clerk  of  the 
district  court  and  a  judgment  entered  thereon  by  him,  which 
shall  be  collected  as  other  judgments. 

Sec.  2822.  Penalties.  Any  school  officer  wilfully  violat- 
ing any  provision  of  this  chapter,  or  wilfully  failing  or  refus- 
ing to  perform  any  duty  imposed  by  law,  shall  forfeit  and  pay 
into  the  treasury  of  the  particular  school  corporation  in  which 
the  violation  occurs  the  sum  of  twenty-five  dollars,  action  to 
recover  which  shall  be  brought  in  the  name  of  the  proper 
school  corporation,  and  be  applied  to  the  use  of  the  schools 
therein.  [C.  '73,  §§  1746,  1786;  R,  §§  2047,  2081;  C.  '51,  § 
1137]. 

Sec.  2823.  Provisions  apply  to  all  corporations — issuance 
of  bonds.  The  provisions  of  this  chapter  shall  apply  alike  to 
all  districts,  except  when  otherwise  clearly  stated,  and  the 
power  given  to  one  form  of  corporation,  or  to  a  board  in  one 
known  corporation,  shall  be  exercised  by  the  other  in  the 
same  manner,  as  nearly  as  practicable.  But  school  boards 
shall  not  incur  original  indebtedness  by  the  issuance  of  bonds 
until  authorized  by  the  voters  of  the  school  corporation. 

Section  2821.  1.  The  term  costs  includes  only  witness  fees  and  fees  to 
officers  for  the  service  of  subpoenas.  Fees  cannot  be  allowed  to  any  witness  unless 
such  witness  is  subpoenaed  by  the  county  superintendent. 

2.  When  an  appeal  is  taken  from  the  decision  of  the  county  superintendent 
that  officer  should  not  file  his  transcript  of  costs  with  the  clerk  of  courts  until  the 
case  is  finally  determined  by  this  department.  Bond  for  costs  cannot  be  required. 
Decisions,  84. 

3.  The  expenses  of  a  stenographer  cannot  be  taxed  as  a  part  of  the  costs. 
There  is  no  authority  in  law  to  employ  a  stenographer  and  tax  the  expenses  of 
such  stenographer  as  costs  in  an  appeal  case.    Opinion  of  Attorney-General,  1899, 

4.  Section  2821  does  not  provide  for  the  payment  of  costs  or  expenses  in  case 
of  a  rehearing  on  the  question  of  issuing  a  certificate. 

Section  2823.  1.  The  chapter  referred  to  in  this  section  includes  everything 
contained  in  the  school  laws  from  section  2743  to  section  2823,  inclusive. 


92  SCHOOL  LAWS  OF    IOWA. 

THE    UNIFORMITY,    PURCHASE    AND    LOANING   OF  TEXT-BOOKS. 

Section  2824.  Adoption— contract— agent.  The  board  of 
directors  of  each  and  every  school  corporation  in  the  state  of 
Iowa  is  hereby  authorized  and  empowered  to  adopt  text-books 
for  the  teaching  of  all  branches  that  are  now  or  may  hereafter 
be  authorized  to  be  taught  in  the  public  schools  of  the  state, 
and  to  contract  for  and  buy  said  books  and  any  and  all  other 
necessary  school  supplies  at  said  contract  prices,  and  to  sell 
the  same  to  the  pupils  of  their  respective  districts  at  cost,  and 
said  money  so  received  shall  be  returned  to  the  contingent 
fund.  The  books  and  supplies  so  purchased  shall  be  under 
the  charge  of  the  board,  who  may  select  one  or  more  persons 
within  the  county  to  keep  said  books  and  supplies  for  sale, 
and,  to  insure  the  safety  of  the  books  and  moneys,  the  board 
shall  require  of  each  person  so  appointed  a  bond  in  such  sum 
as  may  seem  to  the  board  to  be  desirable.  [25  G.  A.,  ch.  35; 
23  G.  A.,  cb.  24,  §§1,2.] ^ 

Section  2824.  1.  There  is  nothing  in  this  and  the  following  sections  from 
which  it  can  be  inferred  that  a  contract  must  be  entered  into  for  five  years.  The 
law  does  not  attempt  to  fix  an  exact  limitation  as  to  the  time  for  which  a  contract 
should  be  made.  It  seems  to  be  the  intent  of  the  law  that  the  board  of  directors  or 
the  county  board  of  education  should  carefully  avoid  making  a  contract  which 
might  have  the  effect  of  binding  its  successors  in  office. 

2.  It  is  within  the  power  of  any  board  to  forbid  the  use  of  other  books  than 
those  adopted  for  the  district,  and  to  provide  by  rule  or  regulation  that  scholars 
persistently  and  continuously  refusing  to  conform  to  such  regulation  shall  be 
refused  instruction  until  they  comply  with  the  rule.  Teachers  failing  to  regard  a 
rule  or  direction  of  the  board  that  instruction  be  given  from  no  other  books  than 
those  legally  in  use,  take  the  risk  of  being  cited  for  trial  under  section  2782. 

3.  The  word  cost,  in  this  section,  should  be  understood  to  mean  contract  price. 
Any  extra  expense  connected  with  securing  the  books  should  not  be  added  to  their 
purchase  price,  but  should  be  paid  from  the  contingent  fund ,  upon  separate  orders. 
In  this  way  the  cost  to  the  purchaser  will  agree  with  the  contract  price,  and 
uniformity  in  cost  for  the  same  book  will  obtain  all  over  a  large  district  having 
several  selling  places,  and  will  also  be  ommon  in  many  districts  and  counties, 
while  the  extra  expense  for  handling,  drayage,  storage,  etc. .  may  differ  somewhat 
in  connection  with  each  different  person  selected  to  keep  the  books  for  sale. 

4.  We  think  the  words  any  and  all  other  necessary  school  supplies  are  intended 
to  include  only  such  articles  as  it  is  customary  for  parents  to  purchase  for  the  use 
of  their  children  in  school  work  For  instance,  gl  bes  and  charts  have  not  been 
furnished  by  the  children.  They  cannot  be  bought  with  the  money  of  the  district, 
resold,  and  the  money  returned  to  the  contingent  fund  as  directed  by  the  law. 

5.  Text-books  of  every  variety,  in  all  classes  and  grades,  and  all  kinds  of  sup- 
plies usually  purchased  by  the  children  for  use  in  the  schools  for  the  purpose  of 
instruction,  may  be  purchased  under  this  act. 

6.  It  is  evidently  not  the  intention  to  impose  a  hardship  upon  the  person  who 
keeps  the  books  and  supplies  for  sa'e,  but  simply  to  guard  the  district  against 
possible  loss.  The  board  is  not  to  be  considered  as  released  in  the  slightest  degree 
from  its  obligation,  under  the  general  law,  to  protect  the  funds.  The  bond  is 
required  for  additional  protection.  Form  52.  Nor  will  the  fact  that  the  board 
requires  a   bond  from    another  person  in  any  way  release  the  treasurer  from  his 


SCHOOL  LVWS  OF   IOWA. 


93 


Sec.  2825.    Use   of  contingent  fund— additional  tax.     All 

the  books  and  other  supplies  purchased  under  the  provisions 
of  this  chapter  shall  be  paid  for  out  of  the  contingent  fund, 
and  the  board  of  directors  shall  annually  certify  to  the  board 
of  supervisors  the  additional  amount  necessary  to  levy  for 
the  contingent  fund  of  said  district  to  pay  for  such  books  and 
supplies.  But  such  additional  amount  shall  not  exceed  in 
any  one  year  the  sum  of  one  dollar  and  fifty  cents  for  each 
pupil  residing  in  the  school  corporation,  and  the  amount  so 
levied  shall  be  paid  out  on  warrants  drawn  for  the  payment  of 
books  and  supplies  only,  but  the  district  shall  contract  no 
debt  for  that  purpose.     [Same,  §  2.] 

Sec.  2826.  Purchase— exchange.  In  the  purchasing  of 
text-books  it  shall  be  the  duty  of  the  board  of  directors  or 
the  county  board  of  education  to  take  into  consideration  the 
books  then  in  use  in  the  respective  districts,  and  they  may 
buy  such  additional  number  of  said  books  as  may  from  time 
to  time  become  necessary  to  supply  their  schools,  and  they 
ma\^  arrange  on  equitable  terms  for  exchange  of  books  in  use 
for  new  books  adopted.     [Same,  §  3.] 

absolute  responsibil.ty  for  all  funds  of  the  diitrict  coming  into  his  hands,  from 
whatever  source. 

7.  In  order  to  avoid  a  possible  misunderstanding,  every  contract  should  be 
made  subject  to  the  action  of  the  electors  as  provided  for  in  section  2829. 

Section  2825  1  Any  ■contingent  fund  on  hand  may  be  used  to  purchase 
books  and  supplies.  As  the  proceeds  from  sales  must  be  returned  at  once  to  the 
contingent  fund,  no  large  additional  amount  will  ordinarily  be  needed  to  enable 
the  avtrage  district  to  secure  books  and  supplies  under  this  law. 

2.  When  the  board  is  estimating  the  levy  for  the  contingent  fund,  it  may 
inc  ude  in  the  estimate  an  amount  needed  to  pay  any  necessary  expense  connected 
with  securing  the  books. 

3.  All  payments  under  this  chapter  must  be  made  in  strict  accordance  with  the 
other  provisions  of  law  governing  the  disbursement  of  school  moneys.  No  order 
for  any  purpose  may  be  drawn  until"  the  account  has  been  regularly  audited  by  the 
Lo  rd.     Section  2780, 

4.  It  is  desirable  that  the  cost  to  the  scholar  shall  be  the  lowest  possible.  Any 
extra  expense  connected  with  securing  the  books  should  not  be  added  to  their 
purchase  price,  but  should  be  paid  out  of  the  contingent  fund,  upon  separate 
orders.  In  this  way  the  cost  to  the  purchaser  will  agree  with  the  con-tract  price, 
and  uniformity  in  cost  for  the  same  book  will  be  common  in  many  districts  and 
counties.     Note  3  to  section  2824. 

5 .  While  the  district  may  contract  no  indebtedness  for  the  purchase  of  books 
and  supplies,  the  board  may  anticipate  the  levy  and  collection  of  taxes  certified 
for  those  purposes. 

Section  2825.  1.  The  provision  allowing  books  in  use  to  be  exchanged  oa 
equitable  terms  for  the  new  books  adopted,  will  assist  very  materially  in  securing 
uniform  books,  as  well  as  in  reducing  the  expense  to  the  people. 

2.  The  good  of  the  schools  will  be  best  advanced  if  it  is  ordered  that  the  same 
book  or  books  in  any  branch  must  be  used  in  all  the  schools  of  the  same  grade  ia 
the  district.  This  will  simplify  the  purchase,  and  also  facilitate  the  introductioa 
of  uniform  books. 


94  SCHOOL   LAWS  OF  IOWA. 

Sec.  2827.  Suit  on  bond.  If  at  any  time  the  publishers  of 
such  books  as  shall  have  been  adopted  by  any  board  of  direc- 
tors or  county  board  of  education  shall  neglect  or  refuse  to 
furnish  such  books  when  ordered  by  said  board  in  accordance 
with  the  provisions  of  this  chapter,  at  the  very  lowest  price, 
either  contract  or  wholesale,  that  such  books  are  furnished 
any  other  district  or  state  board,  then  said  board  of  directors 
or  county  board  of  education  may  and  it  is  hereby  made  their 
duty  to  bring  suit  upon  the  bond  given  them  by  the  contract- 
ing publisher.     [Same,  §  4.] 

Sec.  2828.  Bids.  Before  purchasing  text-books  under  the 
provisions  of  this  chapter,  it  shall  be  the  duty  of  the  board 
of  directors,  or  county  board  of  education,  to  advertise,  by 
publishing  a  notice  for  three  consecutive  weeks  in  one  or 
more  newspapers  published  in  the  county;  said  notice  shall 
state  the  time  up  to  which  all  bids  will  be  received,  the 
classes  and  grades  for  which  text-books  and  other  necessary 
supplies  are  to  be  bought,  and  the  approximate  quantity 
needed;  and  said  board  shall  award  the  contract  for  said  text- 
books and  supplies  to  any  responsible  bidder  or  bidders  offer- 
ing suitable  text-books  and  supplies  at  the  lowest  prices, 
taking  into  consideration  the  quality  of  material  used,  illus- 
trations, binding,  and  all  other  things  that  go  to  make  up  a 
desirable  text-book;  and  may,  to  the  end  that  they  may  bo 
fully  advised,  consult  the  county  superintendent,  or,  in  case 
of  city  indepentent  districts,  with  city  superintendent  or 
other  competent  person,  with  reference  to  the  selection  of 
text-books:  provided  that  the  board  may  reject  any  and  all 
bids,  or  any  part  thereof,  and  re-advertise  therefor  as  above 
provided.     [Same,  §  5.] 

Sec.  2829.  Change— question  submitted.  It  shall  be 
unlawful  for  any  board  of  directors  or  county  bqard  of  educa- 
tion, except  as  provided  in  section  twenty-eight  hundred  and 
twenty-seven  of  this  chapter,  to  displace  or  change  any  text- 
book that  has  been  regularly  adopted  or  re-adopted  under  the 
provisions  of  this  chapter,  before  the  expiration  of  five  years 
from  the  date  of  such  adoption  or  re-adoption,  unless  author- 
ized to  do  so  by  a  majority  of  the  electors  present  and  voting 
at  their  regular  annual  meeting  in  March,  due  notice  of  said 

Section  2828.  1.  A  board  may  not  secure  the  advantages  of  purchasing  text- 
books without  first  advertising  for  bids  and  letting  the  contract  in  the  manner 
required.  And  this  is  equally  true  even  if  it  is  expected  that  a  new  contract  will 
be  made  for  the  books  in  present  use.     Form  53. 

2.  As  the  period  of  adoption  is  likely  to  be  renewed,  it  is  essential  that  the 
best  books  obtainable  be  chosen.  The  knowledge  and  experience  of  county  and 
city  superintendents  render  them  peculiarly  qualified  to  advise  the  board. 

3,  Many  years  ago  a  provision  of  the  law  allowed  the  superintendent  of  public 
instruction  to  recommend  text-books  for  use  in  the  public  schools.  The  omission 
of  the  provision  referred  to  from  our  statutes  indicates  that  the  practice  of  com- 
mendation by  such  official  is  not  expected  by  the  law. 


SCHOOL   LAWS   OF   IOWA. 


95 


proposition  to  change  or  displace  said  text-books  having  been 
included  in  the  notice  for  the  said  regular  meeting.     fSame 
§6.] 

Sec.  2830.  Samples— lists —bonds.  Any  person  or  firm 
desiring  to  furnish  books  or  supplies  under  this  chapter  in  any 
county  shall,  at  or  before  the  time  of  filing  his  bid  hereunder, 
deposit  in  the  office  of  the  county  superintendent  samples  of 
all  text-books  included  in  his  bid,  accompanied  with  lists 
giving  the  lowest  wholesale  and  contract  prices  for  the  same. 
And  said  samples  and  lists  shall  remain  in  the  county  superin- 
tendent's office,  and  shall  be  delivered  by  him  to  his  successor 
in  office,  and  shall  be  kept  by  him  in  such  safe  and  convenient 
manner  as  to  be  open  at  all  times  to  the  inspection  of  such 
school  officers,  school  patrons  and  school  teachers  as  may 
desire  to  examine  the  same  and  compare  them  with  others,  for 
the  purpose  of  use  in  the  public  schools.  The  board  of  direc- 
tors and  the  county  board  of  education  mentioned  shall 
require  of  any  person  or  persons  with  whom  they  contract 
for  furnishing  any  books  or  supplies  to  enter  into  a  good  and 
sufficient  bond,  in  such  sum  and  with  such  conditions  and 
sureties  as  may  be  required  by  such  board  of  directors  or 
county  board  of  education,  for  the  faithful  performance  of 
any  such  contract.  But  bonds  of  surety  companies  duly 
authorized  under  the  laws  of  Iowa  shall  be  accepted.  [Same, 
§7.] 

Sec.  2831.  Oonnty  board  of  education— question  as  to 
county  uniformity.  The  county  superintendent,  the  county 
auditor  and  the  members  of  the  board  of  supervisors  shall 
constitute  a  county  board  of  education.  When  petitions  shall 
have  been  signed  by  one-third  the  school  directors  in  any 
county,  other  than  those  in  cities  and  towns,  and  filed  in  the 
office  of  the  county  superintendent  of  such  county  at  least 
thirty  days  before  the  annual  school  elections,  asking  for  a 
uniform  series  of  text-books  in  the  county,  then  such  county 
superintendent  shall  immediately  notify  the  other  members 
of  the  county  board  of  education  in  writing,  and  within  fifteen 
days  after  the  filing  of  the  petitions  said  board  of  education 

Section  2831.  1.  It  is  intended  that  at  least  one- third  of  the  individuals  com- 
posing all  boards,  except  those  of  city  and  town  districts,  shall  sign  the  petition 
referred  to.     Form  55. 

2.  By  the  provisions  of  this  section  every  county  in  the  state  has  a  county 
board  of  education  composed  of  the  county  superintendent,  county  auditor,  and 
members  of  the  board  of  supervisors. 

3.  In  order  that  every  voter  may  be  fully  advised  of  the  submission  of  the 
question  of  county  uniformity,  the  county  board  of  education  should  publish  the 
proposition  to  be  voted-  upon  in  the  official  papers  of  the  county  at  least  ten  days 
before  the  annual  school  election,  and  they  should  also  transmit  to  the  secretaries 
of  the  several  boards  of  directors  copies  of  said  proposition,  and  direct  said  secre- 
taries to  give  notice  thereof  and  provide  for  the  taking  of  a  vote  thereon  at  the 
annual  meeting. 


1)6  SCHOOL  LAWS   OF   IOWA. 

shall  meet  and  provide  for  submitting  to  the  electors  at  the 
next  annual  meeting  the  question  of  county  uniformity  of 
school  text-books.     [Same,  §§  8,  9;  28  G.  A.,  ch.  111.] 

Sec.  2832.  Selection  of  books— depositories.  Should  a 
majority  of  the  electors  voting  at  such  elections  favor  a  uni- 
form series  of  text-books  for  use  in  said  county,  then  the 
•county  board  of  education  shall  meet  and  select  the  school 
text-books  for  the  entire  county,  and  contract  for  the  same 
under  such  rules  and  regulations  as  the  said  board  of  educa- 
tion may  adopt.  When  a  list  of  text-books  has  been  so 
selected,  they  shall  be  used  by  all  the  public  schools  of  said 
■county,  except  as  hereinafter  provided,  and  the  board  of  edu- 
cation may  arrange  for  such  depositories  as  it  may  deem  best, 
and  may  pay  for  said  school  books  out  of  the  county  funds, 
.and  sell  them  to  the  school  districts  at  the  same  price  as  pro- 
vided for  in  section  twenty-eight  hundred  and  twenty-four  of 
this  chapter,  and  the  money  received  from  said  sales  shall 
be  returned  to  the  county  funds  by  said  board  of  education 
monthly.  The  boards  of  school  officers,  who  are  hereby  made 
the  judges  of  the  school  meetings,  shall  certify  to  the  board 
of  supervisors  the  full  returns  of  the  votes  cast  at  said  meet- 
ings the  next  day  after  the  holding  of  said  meeting?,  who 
shall,  at  their  next  regular  meeting,  proceed  to  canvass 
said  votes  and  declare  the  result.     Unless  otherwise  ordered 

Section  2832.     1.     The  county  board  of  education  is  a  continuous  body. 

2.  County  boards  of  education  should  from  time  to  time  make  such  rules  and 
-regulations  as  seem  necessary  to  carry  out  the  purpose  and  spirit  of  the  lav. 

3.  Purchases  of  records,  dictionaries,  apparatus  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  this  law,  but  such  articles 
should  be  bought  with  contingent  fund,  as  provided  by  section  2783.  Note  4  to 
section  2824. 

4.  The  county  board  of  education  must  cause  the  books  to  be  sold  to  the  people 
■direct,  under  such  regulations  as  the  board  may  adopt. 

5.  Security  by  bond  made  payable  to  the  county,  may  be  required  from 
depositaries.  But  the  fact  that  the  money  from  sales  must  be  returned  to  the 
county  funds  monthly,  will  lessen  the  need  for  as  much  security  as  would  be 
necessary  if  a  large. sum  of  money  could  be  held  by  a  depositary  for  a  long  time. 

6.  The  county  board  of  education  should  arrange  for  a  sufficient  number  of 
-depositories  to  accommodate  fully  the  people  of  every  district  in  the  county. 

7.  It  will  promote  an  equality  of  price  for  the  same  book  in  the  several 
<:ounties,  if  any  slight  extra  expense  connected  with  securing  or  handling  the  books 
be  not  added  to  the  contract  price,  but  paid  for  from  the  county  funds,  by  the 
board  of  supervisor's.  In  this  way,  the  books  and  supplies  may  be  sold  to  the 
people  at  cost,  the  same  as  provided  under  section  2824,  when  purchase  is  made  by 
a  district.     Note  4  to  section  2825. 

8.  It  is  apparent  that  there  will  be  many  questions  arising  upon  which  we  can- 
not venture  an  opinion.  Any  matter  in  which  the  binding  force  or  validity  of  a 
contract  is  involved,  can  be  determined  only  by  the  courts  of  law, 

9.  The  county  attorney  is  the  legal  adviser  of  the  county  board  of  education, 
and  he  should  be  freely  consulted  on  questions  upon  which  the  board  may  be  in 
doubt.     Code,  section  302. 


SCHOOL   LAWS   OF   IOWA.  97 

by  the  board  of  education,  the  county  superintendent  shall 
have  charge  of  such  text-books  and  of  the  distribution 
thereof  among  the  depositories  selected  by  the  board;  he 
shall  render  to  the  board  at  each  meeting  thereof  itemized 
accounts  of  his  doings,  and  shall  be  liable  on  his  official  bond 
therefor.     [Same,  §  9;  28  G.  A.,,  ch.  112.] 

Sec.  2833.  Proceedings  of  county  board.  The  county 
superintendent  shall  in  all  cases  be  chairman  of  the  county 
board  of  education,  and  the  county  auditor  shall  be  the  secre- 
tary, and  a  full  and  complete  record  shall  be  kept  of  their 
proceedings  in  a  book  kept  for  that  purpose  in  the  office  of 
the  county  superintendent.  A  list  of  text-books  so  selected, 
with  their  contract  prices,  shall  be  reported  to  the  state  super- 
intendent with  the  regular  annual  report  of  the  county  super- 
intendent.    [Same,  §  10.] 

Sec.  2834.  Officers  not  to  be  agents.  It  shall  be  unlawful 
for  any  school  director,  teacher  or  member  of  the  county 
board  of  education  to  act  as  agent  for  any  school  text-books 
or  school  supplies  during  such  term  of  office  or  employment, 
and  any  school  director,  officer,  teacher  or  member  of  the 
county  board  of  education  who  shall  act  as  agent  or  dealer  in 
school  text-books  or  school  supplies,  during  the  term  of  such 
office  or  employment,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  and  pay  the  costs 
of  prosecution.     [Same,  §  11.] 

Sec.  2835.  City  schools.  The  provisions  of  sections  twen- 
ty-eight hundred  and  thirty-one,  twenty-eight  hundred  and 

10.  The  vote  upon  county  uniformity  must  be  by  ballot.  The  result  of  such 
vote  should  be  duly  certified  by  the  judges  of  election  to  the  board  of  supervisors 
the  next  day  after  the  annual  meeting. 

11.  '  'The  boards  of  school  officers"  who  are  made  the  judges  of  election  by 
this  section  consist  of  the  president,  the  secretary,  and  one  of  the  directors  as 
provided  for  in  section  2746. 

12.  In  order  to  facilitate  matters  in  holding  this  election,  the  board  of  educa- 
tion might  very  properly  provide  for  the  printing  and  distribution  of  ballots,  and 
make  such  other  arrangements  as  may  be  necessary. 

Section  2833.  When  a  list  of  text-books  has  been  selected  as  provided  in  this 
section,  they  must  be  used  by  all  the  public  schools  of  said  county,  except  as  pro- 
vided in  section  2835,  notwithstanding  the  fact  that  contracts  made  by  boards  of 
school  corporations  may  not  have  expired. 

Section  2834 .  1 .  The  intention  of  this  section  is  to  prohibit  any  of  the  per- 
sons named  from  engaging  in  any  business  in  connection  with  school  text- books 
or  supplies,  by  which  his  pecuniary  interests  might  be  brought  in  conflict  with  his 
official  duties. 

2.  The  fact  that  a  person  is  subject  to  the  penalties  named,  for  violating  the 
provisions  of  this  section,  will  not  operate  to  deprive  him  of  his  office  or  position. 

3.  School  directors,  teachers,  and  members  of  the  county  board  of  education 
are  by  this  section  absolutely  prohibited  from  acting  as  agents  for,  or  dealers  in, 
school  text  books  or  school  supplies. 

Section  2835.     1.     All  except  sections  2831,  2832  and  2833,  apply  to  city  and 
7 


98  SCHOOL   LAWS  OF   IOWA. 

thirty-two  and  twenty-eight  hundred  and  thirty-three  of  this 
chapter  shall  not  apply  to  schools  located  within  cities  or 
towns,  nor  shall  the  electors  of  said  cities  or  towns  vote  upon 
the  question  of  county  uniformity;  but  nothing  herein  shall  be 
so  construed  as  to  prevent  such  schools  in  said  cities  and 
towns  from  adopting  and  buying  the  books  adopted  by  the 
county  board  of  education  at  the  prices  fixed  by  them,  if  by  a 
vote  of  the  electors  they  shall  so  decide.     [Same,  §  12.] 

Sec.  2836.  Free  text-books — question  submitted.  When- 
ever a  petition  signed  by  one-third  or  more  of  the  legal  voters, 
to  be  determined  by  the  school  board  of  any  school  corporation, 
shall  be  filed  with  the  secretary  thirty  days  or  more  before  the 
annual  meeting  of  the  electors,  asking  that  the  question  of 
providing  free  text-books  for  the  use  of  pupils  in  the  public 
schools  thereof  be  submitted  to  the  voters  at  the  next  annual 
meeting,  he  shall  cause  notice  of  such  proposition  to  be  given 
in  the  call  for  such  meeting.     [26  G.  A.,  ch.  37,  §  1.] 

Sec.  2837.  Loaning— discontinuance.  If,  at  such  meeting, 
a  majority  of  the  legal  voters  present  and  voting  by  ballot 
thereon  shall  authorize  the  board  of  directors  of  said  school 
corporation  to  loan  text-books  to  the  pupils  free  of  charge, 
then  the  board  shall  procure  such  books  as  shall  be  needed, 
in  the  manner  provided  by  law  for  the  purchase  of  text- 
books, and  loan  them  to  the  pupils.  The  board  shall  hold 
pupils  responsible  for  any  damage  to,  loss  of,  or  failure 
to  return  any  such  books,  and  shall  adopt  such  rules  and  reg- 
ulations as  may  be  reasonable  and  necessary  for  the  keeping 
and  preservation  thereof.  Any  pupil  shall  be  allowed  to  pur- 
chase, any  text-book  used  in  the  school  at  cost.  No  pupil 
already  supplied  with  text-books  shall  be  supplied  with  otheis 
without  charge  until  needed.  The  electors  may,  at  any  elec- 
tion called  as  provided  in  the  last  section,  direct  the  board  to 
discontinue  the  loaning  of  text-books  to  pupils.  [Same,  §§ 
2^6.] 

town  independent  school  districts,  and  such  districts  may  purchase  books  and  sup- 
plies in  the  same  manner  as  other  districts,  under  sections  2824  to  2830. 

2.  City  and  town  independent  districts  may  by  a  vote  of  the  electors,  at  a  reg- 
ular meeting  or  at  a  special  meeting  called  for  that  purpose,  decide  to  adopt  and 
use  the  books  adopted  by  the  county  board  of  education. 

Section  2836.  These  provisions  afford  all  s  hool  corporations  the  oppor- 
tunity to  supply  free  books,  so  that  every  child  may  continuously  enjoy  the  priv- 
ileges of  school .  It  is  believed  that  if  districts  will  take  action  in  accordance 
with  the  spirit  of  the  law,  the  percentage  of  attendance  at  school  can  be  materially 
increased,  and  the  usefulness  of  our  schools  to  all  the  children  greatly  enhanced. 

Section  2837.  1.  As  much  of  the  success  of  free  text-books  will  depend  upon  the 
rules  and  regulations  adopted  by  the  board  to  govern  the  care  and  use  of  the 
books,  aboard  should  take  more  than  the  usual  pains  to  adopt  plain,  comprehen- 
sive, and  effective  rules  for  the  guidance  of  all  concerned. 

2.  While  the  district  may  contract  no  debt  for  the  purchase  of  books,  the 
board  may  anticipate  the  levy  and  collection  of  taxes  certified  under  section  2825, 
so  as  to  carry  out  the  instructions  of  the  electors  without  unnecessary  delay. 


SCHOOL  LAWS  OF   IOWA. 


99 


LAWS    OF    THE    TWENTY-SEVENTH    GENERAL 

ASSEMBLY. 


CHAPTER   88. 

FENCING  SCHOOLHOUSE  SITES. 

S.  F.   120. 

AN  ACT  to  require  boards  of  school  directors  to  fence  schoolhouse  sites.     [Amend- 
atory to  title  XIII,  chapter  14,  of  the  code,  relating  to  system  of  common  schools.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Duty  of  boards  of  school  directors.  It  shall  be 
the  duty  of  all  boards  of  school  directors  in  school  districts 
where  the  schoolhouse  site  adjoins  the  cultivated  or  improved 
lands  of  another  to  build  and  maintain  a  lawful  fence  between 
said  site  and  cultivated  or  improved  lands. 

Sec.  2.  Rights  of  owner  of  adjoining  lands.  The  owner  of 
lands  adjoining  any  schoolhouse  site  shall  have  the  right  to 
connect  the  fence  on  his  lands  with  the  fences  around  any 
schoolhouse  site,  but  he  shall  not  be  liable  to  contribute  to 
the  maintenance  of  the  fence  around  said  site. 

Approved  March  25,  J  898. 


CHAPTER  89. 

changing  CORPORATION  LIMITS — EFFECT  OF: 

S.  F.  i86. 

AN  ACT  to  empower  boards  of  directors  of  school  corporations  to  change  bound- 
ary lines  between  such  corporations  in  certain  cases.  [Amendatory  of  title 
XIII,  chapter  14  of  the  code,  pertaining  to  system  of  common  schools.] 

Be  it  enacted  by  the  Central  Assembly  of  the  State  of  Iowa: 

Section  1.  Corporation  limits  changed.  When  the  bound- 
ary line  between  a  school  township  and  an  independent  city 
or  town  district  is  not  also  the  line  between  civil  townships, 
such  boundary  may  be  changed  at  any  time  by  the  concur- 
rence of  the  boards  of  directors;  but  in  no  case  shall  a  forty- 
acre  tract  of  land,  by  the  government  survey,  be  divided;  and 
such  subdivisions  shall  be  excluded  or  included  as  entire  for- 
ties.    The  boundaries  of  the  school  township  or  the  independ- 


100  SCHOOL  LAWS   OF   IOWA. 

ent  district  may  in  the  same  manner  be  extended  to  the  line 
between  civil  townships,  even  though  by  such  change  one  of 
the  districts  shall  be  included  within  and  consolidated  with 
the  other  as  a  single  district.  When  the  corporate  limits  of 
any  city  or  town  are  extended  outside  the  existing  independ- 
ent district  or  districts,  the  boundaries  of  said  independent 
district  or  districts  shall  be  also  correspondingly  extended. 
But  in  no  case  shall  the  boundaries  of  an  independent  district 
be  affected  by  the  reduction  of  the  corporate  limits  of  a  city 
or  town. 

Approved  March  19,  1898. 


CHAPTER  90. 

SCHOOL  LAWS— METHOD   OF  DISTRIBUTION. 

H.   F.    l8l. 

AN  ACT  to  provide  for  the  sale  and  distribution  of  the  school  laws  of  Iowa. 
[Additional  to  title  XIII,  chapter  14,  of  the  code,  relating  to  the  system  of 
common  schools.] 

Be  it  enacted  by  iht  General  Assemblv  of  the  State  of  Iowa: 

Section  1 .  County  auditors  —  requisition  —  duplicate  re- 
ceipts On  or  before  the  15th  day  of  November  of  each  year, 
the  auditor  of  each  county  shall  make  an  estimate  of  the 
number  of  copies  of  the  school  laws  of  Iowa  as  will,  in  his 
judgment,  be  required  to  supply  the  demand  for  such  laws  in 
his  county,  in  addition  to  the  number  of  copies  of  said  school 
laws  furnished  by  the  state  as  provided  for  in  section  2624, 
chapter  1,  title  13  of  the  code.  The  county  auditor  shall 
transmit  his  estimate  to  the  superintendent  of  public  instruc- 
tion, together  with  a  requisition  for  the  number  of  copies 
required.  On  receipt  of  the  requisition  the  superintendent 
of  public  instruction  shall  forward  to  the  county  auditor  the 
number  of  copies  named  in  the  requisition.  On  receipt  of  the 
copies  transmitted  to  him,  the  county  auditor  shall  execute 
receipts  therefor  in  duplicate,  one  of  which  he  shall  immedi- 
ately transmit  to  the  superintendent  of  public  instruction  and 
the  other  to  the  state  auditor. 

Sec.  2.  Sale — price.  The  county  auditor  shall  keep  for 
sale  at  his  office  in  the  court  house  of  the  county,  copies  of 
the  school  laws  of  the  state  of  Iowa,  which  he  shall  receive 
in  the  manner  hereinbefore  provided,  at  a  price  not  to  exceed 
twenty  (20)  cents  per  copy  of  such  laws,  bound  in  paper  and 
not  to  exceed  30  cents  per  copy  of  such  laws  bound  in  cloth 
and  pay  the  proceeds  of  such  sales  into  the  county  treasury 
on  or  before  the  15th  day  of  November  of  each  year. 

>Sec.  3.  Statement  of  copies  sold.  The  said  county  auditor 
shall  also  on  or  before  the  15th  day  of  November  of  each 
year,  make   out  in  writing  under  oath,  a  statement  of  the 


SCHOOL   LAWS   OF   lOW*!;    ''  >        ^'^^^'^^  101 

number  of  copies  sold  by  him  and 'nO't-befomaCc^ounfed  for, 
and  the  number  remaining-  on  hand  and  the  amount  paid  to 
the  county  trersurer,  and  transmit  such  statement  to  the 
auditor  of  state,  who  shall  charge  the  county  treasurer  with 
such  amount,  and  the  superintendent  of  public  instruction 
shall  certify  to  the  state  auditor  the  number  of  copies  trans- 
mitted to  each  county  auditor  and  the  state  auditor  shall 
charge  each  county  auditor  therewith,  and  subsequently 
credit  him  with  such  as  may  be  sold  or  otherwise  lawfully 
disposed  of. 

Sec.  4.  Copies  delivered  to  successor.  When  the  county 
auditor  goes  out  of  office,  having  any  such  copies  remaining, 
he  shall  deliver  them  to  his  successor,  taking  his  receipt 
therefor  in  duplicate,  one  of  which  shall  be  sent  to  the  state 
auditor  which  shall  be  his  sufficient  discharge  for  the  same. 

Approved  April  12,  1898. 


LAWS  OF   TPIE   TWENTY-EIGHTH    GENERAL 

ASSEMBLY. 


CHAPTER   23. 

ENABLING  SCHOOL    CORPORATIONS  TO   ACCEPT  GIFTS   AND 

BEQUESTS. 


AN  ACT  to  amend   section  seven  hundred  and  forty  (740)  of  the  code,  enabling 
school  corporations  to  accept  gifts  and  bequests. 

Be  it  enacied  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1 .    Power  to  accept  bequests— how  administered. 

That  section  seven  hundred  and  forty  (740)  of  the  code  be  and 
the  same  is  hereby  amended  by  striking  out  of  the  second  line 
thereof  the  words,  ''other  municipalities,"  and  inserting  in 
lieu  thereof  the  words,  "school  corporations;"  and  by  insert- 
ing after  the  word  ''bequest"  in  the  third  line  of  said  section 
seven  hundred  and  forty  (740)  the  following  words:  "And  to 
administer  the  same  through  their  proper  officers  in  pursuance 
of  the  terms  of  the  gift  or  bequest." 

Sec.  2.  In  effect.  This  act,  being  deemed  of  immediate 
importance,  shall  take  effect  from  and  after  its  publication  in 
the  Iowa  State  Register  and  the  Des  Moines  Leader,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved  February  27,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State  Register 
and  the  Des  Moines  Leader,  March  1,  1900. 

G.  L.   DoBSON, 
Secretary  of  State. 


102  ^^  V  SCHOm;  LAWS  OF  IOWA. 

A^t'lKv> -JL.^JHAPTER  41. 

INDEBTEDNESS   OP  COUNTIES   AND    OTHER    POLITICAL   AND 
MUNICIPAL  CORPORATIONS. 

s.  F.  39. 

AN  ACT  to  repeal  section  thirteen  hundred  and  six  (1306)  of  the  code,  and  to 
enact  a  substitute  therefor,  relating  to  the  assessment  of  taxes,  and  limiting  the 
indebtedness  of  counties,  and  other  political  and  municipal  corporations, 
including  cities  acting  under  special  charter. 

Be  it  enacted  by  the   General  Assembly  of  the  State  of  Iowa: 

Section  1.  Repealed.  That  section  thirteen  hundred  and 
six  (1306)  of  the  code  be  and  is  hereby  repealed,  and  the  fol- 
lowing enacted  in  lieu  thereof: 

Sec.  2.  Amount  of  indebtedness  limited.  *^No  county  or 
other  political  or  municipal  corporation,  including  cities  acting 
under  special  charters,  shall  be  allowed  to  become  indebted, 
in  any  manner  or  for  any  purpose,  to  an  amount  in  the  aggre- 
gate exceeding  one  and  one-fourth  per  centum  on  the  actual 
value  of  the  property  within  such  county  or  corporation,  to 
be  ascertained  by  the  last  state  and  county  tax  list  previous 
to  the  incurring  of  such  indebtedness." 

Sec.  3.  In  effect.  This  act,  being  deemed  of  immediate 
importance,  shall  be  in  force  from  and  after  its  publication  in 
the  Des  Moines  Register  and  the  Des  [Moines]  Leader,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved  April  6,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State  Register 
and  the  Des  Moines  Leader  April  7,  1900. 

G.  L.  DoBSON, 

Secretary  of  State . 


CHAPTER   109. 

THE  TEACHING    OP  THE    ELEMENTS    OP    VOCAL    MQSIG    IN    THE 

PUBLIC  SCHOOLS. 

H.   F.   68. 

AN  ACT  to  provide  for  the  teaching  of  the  elements  of  vocal  music  in  all  the  pub- 
lic schools  of  Iowa.  [Amendatory  of  chapter  14,  title  XIII,  of  the  code,  relat- 
ing to  the  system  of  common  schools.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Instruction  in  vocal  music  authorized.  That 
the  elements  of  vocal  music,  including  when  practical  the 
singing  of  simple  music  by  note,  be  taught  in  all  of  the  public 
schools  of  Iowa,  and  that  all  teachers  teaching  in  schools 
where  such  instruction  is  not  given  by  special  teachers  be 
required  to  satisfy  the  county  superintendent  of  their  ability 
to  teach  the  elements  of  vocal  music  in  a  proper  manner. 
Provided,  however,  that  no  teacher  shall  be  refused  a  certifi- 


SCHOOL  LAWS  OF   IOWA.  IO3 

cate  or  the  grade  of  his  or  her  certificate  lowered  on  account 
of  lack  of  ability  to  sing. 

Sec.  2.  Normal  institute.  That  it  shall  be  the  duty  of 
each  county  superintendent  to  have  taught  annually  in  the 
normal  institute  the  elements  of  vocal  music. 

Sec.  3.  In  eflfect.  This  act  shall  take  effect  on  the  fourth 
day  of  July  of  the  year  nineteen  hundred  and  one. 

Approved  April  19,  1900. 


CHAPTER  110. 

LIBRARIES    FOR    THE    USE    OF  TEACHERS,    PUPILS   AND  OTHER 

RESIDENTS   IN   SCHOOL   DISTRICTS. 

S.  F.  240. 

AN  ACT  to  establish  libraries  for  the  use  of  teachers,  pupils  and  other  resident, 
in  all  school  districts.  [Amendatory  of  chapter  14,  title  XHI,  of  the  codes 
relating  to  the  system  of  common  schools.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa; 

Section  1.  Library  fund.  The  treasurer  of  each  school 
township  and  each  rural  independent  district  in  this  state 
shall  withhold  annually,  from  the  money  received  from  the 
apportionment  for  the  several  school  districts,  not  less  than 
five  nor  more  than  fifteen  cents,  as  may  be  ordered  by  the 
board,  for  each  person  of  school  age  residing  in  each  school 
corporation,  as  shown  by  the  annual  report  of  the  secretary, 
for  the  purchase  of  books  as  hereinafter  provided.  When  so 
ordered  by  the  board  of  directors,  the  provisions  of  this  sec- 
tion shall  apply  to  any  independent  district. 

Sec.  2.  Purchase  of  books— distribution.  Between  the 
third  Monday  of  September  and  the  first  day  of  December  in 
each  year  the  president  and  secretary  of  the  board,  with  the 

Section  1.  1.  It  is  mandatory  upon  the  treasurer  in  each  school  township 
and  each  rural  independent  district  to  withhold  from  the  apportionment  each  year 
a  certain  number  of  cents  for  each  person  between  the  ages  of  5  and  21  years,  for 
the  purchase  of  library  books. 

2.  The  amount  withheld,  annually,  for  each  person,  may  not  exceed  fifteen 
cents,  nor  be  less  than  five  cents.  The  exact  amount  per  pupil  is  left  to  the  dis- 
cretion of  the  board  of  directors,  and  may  vary  from  one  year  to  another.  In 
determining  the  amount  the  board  should  consider  the  special  needs  of  the  dis- 
trict. Under  section  2783,  the  board  may  use  the  contingent  fund  to  purchase 
dictionaries,  library  books,  maps,  charts,  and  apparatus,  to  an  amount  not 
exceeding  twenty -five  dollars  in  any  one  year  for  each  schoolroom  under  its 
charge. 

3.  The  provisions  of  the  law  apply  to  independent  districts  having  cities, 
towns,  and  villages,  only  when  so  ordered  by  the  board  of  directors.  Independ- 
ent districts  without  libraries  should  avail    themselves  of  the  benefits  of  the  law. 

Section  2.  1.  The  money  withheld  by  the  treasurer  cannot  be  used  for  any 
purpose  except  the  purchase  of  books.     All  expenses  such   as   freight  charges, 


104  SCHOOL  LAWS   OF   IOWA. 

assistance  of  the  county  superintendent  of  schools,  shall 
expend  all  money  withheld  by  the  treasurer  as  provided  in 
section  one  of  this  act,  in  the  purchase  of  books  selected  from 
the  lists  prepared  by  the  state  board  of  educational  examiners 
as  hereinafter  provided,  for  the  use  of  the  school  district;  in 
school  townships  the  secretary  shall  distribute  the  books 
thus  selected  to  the  librarians  among*  the  several  subdistricts, 
and  at  least  semi-annually  collect  the  same  and  distribute 
others. 

Sec.  3.  State  board  of  educational  examiners  to  prepare 
lists  of  books.  It  is  hereby  made  the  duty  of  the  state  board 
of  educational  examiners  to  prepare  annually  or  biennially 
lists  of  books  suitable  for  use  in  school  district  libraries,  and 
furnish  copies  of  such  lists  to  each  president,  secretary,  and 
each  county  superintendent,  as  often  as  the  same  shall  be 
published  or  revised,  from  which  lists  the  several  presidents 
and  secretaries  and  county  superintendents  shall  select  and 
purchase  books. 

Sec.  4.  Record  book.  It  shall  be  the  duty  of  each  secre- 
tary to  keep  in  a  record  book,  furnished  by  the  board  of 
directors,  a  complete  record  of  the  books  purchased  and  dis- 
tributed by  him. 

Sec.  5.  Librarian.  Unless  the  board  of  directors  shall 
elect  some  other  person,  the  secretary  in  independent  districts 
and  director  in  sub-districts  in  school  townships  shall  act  as 
librarian  and  shall  receive  and  have  the  care  and  custody  of 
the  books,  and  shall  loan  them  to  teachers,  pupils,  and  other 
residents  of  the  district,  in  accordance  with  the  rules  and 
regulations  prescribed  by  the  state  board  of .  educational 
examiners  and  board  of  directors.     Each  librarian  shall  keep 

express,  postage,  exchange,  library  cases,  and  record  books,  should  be  paid 
from  the  contingent  fund. 

2.  The  county  superintendents  in  visiting  schools  should  carefully  inspect  the 
library  to  see  that  it  is  properly  kept;  that  the  books  are  properly  listed  and 
labeled,  and  that  the  teachers  know  the  best  use  to  make  of  it. 

3.  By  avoiding  duplicates  in  purchasing,  so  far  as  may  be  deemed  wise, 
readers  in  the  different  subdistricts  will  have  larger  advantages  from  the  circu- 
lating library. 

Section  3.  1.  It  is  illegal  to  purchase  books  or  editions  not  included  in  the 
list  recommended  by  the  state  board  of  examiners. 

Section  5.  1.  Much  of  the  success  of  the  library  work  will  r  epend  upon  the 
librarian,  and  it  is  urged  that  great  care  be  taken  in  making  the  selection. 

2.  The  library  is  free  to  all  pupils  of  suitable  age,  teachers,  and  residents  of 
the  district,  and  the  librarian  shall  loan  the  books  to  them  in  accordance  with  the 
rules  and  regulations  prescribed  by  the  state  board  of  educational  examiners,  and 
the  board  of  directors. 

3.  The  library  must  be  kept  in  the  schoolhouse  during  the  term  of  school. 
At  other  times  it  is  placed  under  the  control  of  the  librarian. 

4.  Each  school  officer  upon  the  termination  of  his  term  of  office,  shall  immedi- 
ately surrender  to  his  successor  all  books,  papers,  and  monies  pertaining  or 
belonging  to  the  office,  taking  a  receipt  therefor.     Code,  section  2770. 


SCHOOL  LAWS   OF   IOWA.  105 

a  complete  record  of  the  books  in  a  record  book  furnished  by 
the  board  of  directors.  During  the  periods  that  the  school  is 
in  session  the  library  shall  be  placed  in  the  schoolhouse,  and 
the  teacher  shall  be  responsible  to  the  district  for  its  proper 
care  and  protection.  The  board  of  directors  shall  have  super- 
vision of  all  books  and  shall  make  an  equitable  distribution 
thereof  among  the  schools  of  the  corporation. 
Approved  March  29,  1900. 


LAWS     OF    THE    TWENTY-NINTH    GENERAL 

ASSEMBLY. 


CHAPTER  115. 

SCHOOLS  FOR  INSTRUCTION  AND  TRAINING  OF  TEACHERS   FOR 

COMMON  SCHOOLS. 

S.  F.  328. 

AN  ACT  to  provide  for  the  inspection ,  recognition  and  supervision  of  schools  for 
the  instruction  and  training  of  teachers  for  the  common  schools,  and  providing 
for  the  licensing  of  the  graduates  of  the  same. 

Be  it  enacted  by  the  General  Assembly  of  the  State  or  Iowa: 

Section  1.     Educational  examiners  to  inspect  and  supervise. 

That  the  state  board  of  educational  exarainers  shall  consti- 
tute a  board  for  the  inspection,  recognition  and  supervision 
of  the  schools  designed  for  the  instruction  and  training  of 
teachers  for  the  common  schools. 

Sec.  2.  Accredited  schools  —  annual  visitation.  That 
schools  desiring  state  recognition  shall  apply  to  the  board  of 
educational  examiners  which  shall  then  proceed  to  inspect 
such  schools  with  reference  to  course  of  study,  equipment 
and  faculty.  All  schools  that  shall  meet  the  requirements  of 
the  board  of  educational  examiners  shall  be  known  as  accred- 
ited schools.  Such  schools  shall  have  an  annual  visitation  by 
some  member  of  the  board  of  educational  examiners,  or  some 
one  appointed  for  that  purpose  by  said  board,  who  shall 
receive  compensation  as  is  provided  for  in  section  2634  of  the 
code. 

Sec.  3.  Certificates— fee.  Graduates  of  approved  accred- 
ited schools  who  shall  pass  the  required  examination  for  a 
two  years'  certificate  shall  receive  from  the  state  board  of 
examiners  a  certificate  for  two  years,  which  may  be  renewed 
under  such  rules  as  said  board  may  prescribe.  Applicants 
for  a  certificate  shall  pay  a  fee  of  $2.00,  one-half  of  which 
shall  be  returned  in  case  of  failure. 

Sec.  4.  Sworn  statement.  At  the  close  of  each  school 
year,  the  principal  or  superintendent  of  each  accredited  school 
shall  file  with  the  board  of  examiners  a  sworn  statement, 
showing  the  name,  age,  postofQce  address,  studies  and  attend- 


106  SCHOOL  LAWS   OF   IOWA. 

ance  of  each  of  the  students  in  his  school  taking  the  pre- 
scribed teachers'  course. 
Approved  April  9,  1902. 


CHAPTER    128. 

AN  ACT  FOR  COMPULSORY  EDUCATION. 

H.  F.  170. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Duties  of  parents  or  guardians — penalty.  Any 
person  having  control  of  any  child  of  the  age  of  seven  (7)  to 
fourteen  (14)  years  inclusive,  in  proper  physical  and  mental  con- 
dition to  attend  school,  shall  cause  such  child  to  attend  some 
public,  private,  or  parochial  school,  where  the  common  school 
branches  of  reading,  writing,  spelling,  arithmetic,  grammar, 
geography,  physiology,  and  United  States  history  are  taught, 
or  to  attend  upon  equivalent  instruction  by  a  competent  teacher 
elsewhere  than  school,  for  at  least  twelve  (12)  consecutive  school 
weeks  in  each  school  year.  Provided,  that  this  section  shall  not 
apply  to  any  child  who  lives  more  than  two  (2)  miles  from  any 
school  by  the  nearest  traveled  road  except  in  those  districts 
in  which  the  pupils  are  transported  at  public  expense,  or  who 
is  excused  for  sufficient  reasons  by  any  court  of  record  or 
judge  thereof.  Any  person  who  shall  violate  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction 'thereof  shall  pay  a  fine  of  not  less  than  three  ($3) 
dollars  nor  more  than  twenty  ($20)  dollars,  for  each  offense. 

Sec.  2.  Reports  to  secretary.  Upon  notice  from  the 
secretary  of  the  school  corporation  within  which  such  school 
is  conducted,  it  shall  be  the  duty  of  each  principal  of  each 
private  or  parochial  school,  once  during  each  school  year, 
and  at  any  time  when  requested  in  individual  cases,  and 
within  ten  days  from  the  receipt  of  such  notice,  to  furnish  to 
such  secretary  a  certificate  and  report  of  the  names,  ages  and 
attendance  of  the  pupils  in  attendance  at  such  school  during 
the  preceding  year  and  from  the  time  of  the  last  preceding 
report  to  the  time  at  which  a  report  is  required  and  any 
person  having  the  control  of  any  child  between  seven  and 
fourteen  years  of  age  inclusive,  who  shall  place  the  same 
under  private  instruction,  not  in  a  regularly  conducted  school, 
upon  receiving  notice  from  the  secretary  of  the  school  cor- 
poration, shall  furnish  a  like  certificate  stating  the  name  and 
age  of  such  child  and  the  period  of  time  during  which  said 
child  has  been  under  said  private  instruction;  and  any  person 
having  the  control  of  such  child  who  is  physically  or  mentally 
unable  to  attend  school,  public  or  private,  shall  furnish  proofs 
by  affidavit  or  affidavits  as  to  the  physical  or  mental  condition 
of  such  child.     All  such  certificates,  reports  and  proofs  shall 


SCHOOL  LAWS   OF   IOWA.  jq7 

be  filed  and  preserved  in  the   office  of  the  secretary  of  the 
school  corporation  as  a  part  of  the  records  of  his  office. 

Sec.  3.  Certified  copies.  It  shall  be  the  duty  of  the  sec- 
retary of  the  school  corporation  to  furnish  to  any  person 
interested,  where  so  requested,  certified  copies  of  all  certifi- 
cates contemplated  by  this  act,  on  file  in  his  office. 

Sec.  4.  Truant  schools.  The  board  of  directors  of  any 
school  corporation  may  establish  truant  schools,  or  set  apart 
separate  rooms  in  any  public  school  building,  for  the  instruc- 
tion of  children  who  are  habitually  truant  from  instruction, 
as  contemplated  by  this  act.  Such  directors  may  provide  for 
the  confinement,  maintenance,  and  instruction  of  such  chil- 
dren in  such  schools,  under  such  reasonable  rules  and  regula- 
tions as  they  may  prescribe.  If  any  child,  committed  or  sent 
to  the  truant  school  shall  prove  insubordinate  and  escape 
from  such  school  during  school  hours,  or  absent  himself  or 
herself  therefrom  without  the  consent  of  the  persons  in 
charge  thereof,  then  it  shall  be  the  duty  of  the  person  in 
charge  of  said  school  with  the  consent  of  the  parent  or 
guardian  to  file  information  before  the  judge  of  a  court  of 
record,  who  may,  if  the  charge  be  found  to  be  true  and  the 
said  child  be  habitually  vagrant,  disorderly,  or  incorrigible 
commit  such  child  to  one  of  the  industrial  schools  of  the 
state,  under  the  same  proceeding  as  is  provided  by  section 
twenty-seven  hundred  eight  (2708),  of  the  code  so  far  as  the 
same  may  be  applicable. 

Sec.  5.  Truant  Officers.  The  board  of  directors  of  each 
school  corporation  may,  at  their  annual  meeting  in  each  year, 
appoint  one  or  more  truant  officers,  who  shall  serve  for  one 
year,  and  who  may  be  a  constable  or  a  member  of  the  police 
force,  whose  duty  it  shall  be  to  report  violations  of  this  act 
to  the  secretary  of  the  school  corporation,  and  see  to  the 
enforcement  of  the  provisions  of  this  act.  It  shall  be  the 
duty  of  said  truant  officer  or  officers  to  apprehend  and  take 
into  custody  without  warrant  any  child  of  the  age  of  seven 
(7)  to  fourteen  (14)  years  inclusive,  who  habitually  frequents 
or  loiters  about  public  places  during  school  hours  without 
lawful  occupation,  or  cannot  produce  a  certificate  as  provided 
in  section  two  (2)  hereof,  also  any  truant  child  who  absents 
himself  or  herself  from  school,  and  place  him  or  her  in  charge 
of  the  teacher  having  charge  of  any  school,  which  said  child 
is  entitled  to  attend,  and  which  school  may  be  designated  to 
said  officers  by  the  person  having  legal  control  of  such  child: 
Provided,  however,  in  case  the  school  so  designated  by  the 
parent  or  person  having  the  care  and  control  of  said  child  be 
a  public  school  it  shall  be  such  as  directed  by  the  rules  and 
regulations  of  the  school  board  and  the  statutes  ol  the  state, 
and  if  other  than  a  public  school,  the  maintenance  of  said 
child  in  such  school  shall  be  without  expense  to  the  school 


108  SCHOOL   LAWS    OF   IOWA. 

corporation  or  state.  Upon  failure  of  such  child  to  properly 
attend  or  when  on  report  of  the  teacher  having  the  custody 
of  such  child,  said  child  is  shown  to  not  properly  conduct 
itself  in  the  school  where  placed  as  herein  provided,  the 
child  may  be  removed  therefrom  by  the  board  of  directors 
and  placed  either  in  a  public  school  or  a  truant  school  con- 
ducted in  said  district.  The  truant  officer  or  officers  shall  be 
entitled  to  such  compensation  for  service  rendered  under  this 
act,  as  shall  be  fixed  by  the  board  of  directors  appointing  him 
or  them,  which  compensation  shall  be  paid  from  the  contin- 
gent fund  of  said  district. 

Sec.  6.  Enforcement.  It  shall  be  the  duty  of  the  director 
or  president  of  any  board  of  directors,  or  any  truant  officers 
appointed  by  such  board  of  directors,  to  enforce  the  provi- 
sions of  this  act,  to  sue  for  and  recover  the  penalties  herein 
provided,  and  to  institute  criminal  prosecution  against  any 
person  violating  the  provisions  of  this  act,  and  any  such 
officers  neglecting  to  do  so  within  thirty  (30)  days  after  a 
written  notice  has  been  served  upon  him  by  any  citizen  of 
said  district  within  which  the  offending  person  shall  reside, 
shall  himself  be  liable  for  a  fine  of  not  less  than  ten  ($10) 
dollars  nor  more  than  twenty  (§20)  dollars  for  each  offense. 

Sec.  7.  Teachers  and  school  officers — duties.  All  teachers 
of  the  public  schools  of  the  state,  and  county  superintendents, 
and  school  officers  and  employes  shall  promptly  report  to 
the  secretary  of  the  school  corporation  any  violations  of  the 
provisions  of  this  act,  of  which  they  have  knowledge  or  infor- 
mation, and  he  shall  promptly  inform  the  president  of  the 
board  of  directors  thereof  and  such  president  shall,  if  neces- 
sary, call  a  meeting  of  the  board  of  directors  to  take  such 
action  thereon  as  the  facts  shall  justify,  and  any  child  placed 
in  any  truant  school  may  be  discharged  therefrom  at  the  dis- 
cretion of  the  board,  upon  sufficient  assurance  of  the  future 
good  conduct  of  such  child. 

Sec.  8.  Provisions  for  punishment.  The  board  of  direc- 
tors of  every  school  corporation  is  hereby  authorized  to 
provide  such  reasonable  methods  of  punishment  of  children 
who  are  habitually  truant  from  school,  or  who  habitually 
frequent  or  loiter  about  public  places  during  school  hours 
witnout  lawful  occupation,  as  may  be  necessary  to  carry  out 
and  make  effectual  the  provisions  of  this  act. 

Sec.  9.  School  census.  It  shall  be  the  duty  of  all  officers, 
empowered  to  take  the  school  census,  to  ascertain  the  num- 
ber of  children  of  the  ages  of  seven  (7)  to  fourteen  (14)  years, 
inclusive,  in  their  respective  districts,  the  number  of  such 
children  who  do  not  attend  school,  and  so  far  as  possible,  the 
cause  of  failure  to  attend  school. 

Approved  April  1,  1902. 


SCHOOL    LAWS   OF    IOWA.  ^QQ 


CONSTITUTION    OF   IOWA. 


ARTICLE  9. 


EDUCATION   AND   SCHOOL   LANDS.      2.      SCHOOL    FUNDS   AND 
SCHOOL    LANDS. 


Section  1.    Under    control    of  general    assembly.      The 

educational  and  school  fund  and  lands,   shall  be  under  the 
control  and  management  of  the  general  assembly  of  this  state. 

Sec.  2.  Permanent  fund.  The  university  lands,  and  the 
proceeds  thereof,  and  all  moneys  belonging  to  said  fund  shall 
be  a  permanent  fund  for  the  sole  use  of  the  state  university. 
The  interest  arising  from  the  same  shall  be  annually  appro- 
priated for  the  support  and  benefit  of  said  university. 

Sec.  3.  Lands  appropriated.  The  general  assembly  shall 
encourage,  by  all  suitable  means,  the  promotion  of  intellec- 
tual, scientific,  moral  and  agricultural  improvement.  The 
proceeds  ot  all  lands  that  have  been,  or  hereafter  may  be, 
granted  by  the  United  States  to  this  state,  for  the  support  of 
schools,  which  may  have  been  or  shall  hereafter  be  sold  or 
disposed  of,  and  the  five  hundred  thousand  acres  of  land 
granted  to  the  new  states,  under  an  act  of  congress,  distrib- 
uting the  proceeds  of  the  public  lands  among  the  several 
states  of  the  Union,  approved  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-one,  and  all  estates  of 
deceased  persons  who  may  have  died  without  leaving  a  will 
or  heir,  and  also  such  per  cent  as  has  been  or  may  hereafter 
be  granted  by  congress,  on  the  sale  of  lands  in  this  state,  shall 
be,  and  remain  a  perpetual  fund,  the  interest  of  which, 
together  with  all  rents  of  the  unsold  lands,  and  such  other 
means  as  the  general  assembly  may  provide,  shall  be  inviolably 
appropriated  to  the  support  of  common  schools  throughout 
the  state. 

Sec.  4.  Fines,  etc.,  how  appropriated.  The  money  which 
may  have  been  or  shall  be  paid  by  persons  as  an  equivalent 
from  exemption  from  military  duty,  and  the  clear  proceeds  of 
all  fines  collected  in  the  several  counties  for  any  breach  of 


110  SCHOOL   LAWS   OF  IOWA. 

the  penal  laws  shall  be  exclusively  applied  in  the  several 
counties  in  which  such  money  is  paid,  or  fine  collected, 
among  the  several  school  districts  of  said  counties,  in  propor- 
tion to  the  number  of  youths  subject  to  enumeration  in  such 
districts,  to  the  support  of  common  schools,  or  the  establish- 
ment of  libraries,  as  the  board  of  education  shall  from  time  to 
time  provide. 

Sec.  5.  Proceeds  of  lands.  The  general  assembly  shall 
take  measures  for  the  protection,  improvement,  or  other  dis- 
position of  such  lands  as  have  been,  or  may  hereafter  be 
reserved,  or  granted  by  the  United  States,  or  any  person  or 
persons  to  this  state,  for  the  use  of  the  university,  and  the 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or  from 
any  other  source  for  the  purpose  aforesaid,  shall  be,  and 
remain,  a  permanent  fund,  the  interest  of  which  shall  be 
applied  to  the  support  of  said  university,  for  the  promotion 
of  literature,  the  arts  and  sciences,  as  may  be  authorized  by 
the  terms  of  such  grant.  And  it  shall  be  the  duty  of  the 
general  assembly,  as  soon  as  may  be,  to  provide  effectual 
means  for  the  improvement  and  permanent  security  of  the 
funds  of  said  university. 

Sec.  6.  Agents  of  school  funds.  The  financial  agents  of 
the  school  funds  shall  be  the  same  that,  by  law,  receive  and 
control  the  state  and  county  revenue,  for  other  civil  purposes, 
under  such  regulations  as  may  be  provided  by  law. 

Sec.  7.  Distribution.  The  money  subject  to  the  support 
and  maintenance  of  common  schools  shall  be  distributed  to 
the  districts  in  proportion  to  the  number  of  youths,  between 
the  ages  of  five  and  twenty-one  years,  in  such  manner  as  may 
be  provided  by  the  general  assembly. 

An  act  providing  for  a  different  method  of  distribution  of  the  school  fund ,  held 
unconstitutional  as  in  conflict  with  the  above  section.  Dist.  Tp.  v.  County  Judge, 
13  Iowa,  250. 


THE   STATE    UNIVERSITY. 

Section  2635.  Board  of  regents— powers.  The  state  uni- 
versity shall  be  governed  by  a  board  of  regents,  of  which  the 
governor  and  superintendent  of  public  instruction  shall  be 
members  by  virtue  of  ofiBce,  and  the  governor  president, 
which  shall  meet  at  such  times  as  it  may  appoint,  and  the 
governor  may  call  special  meetings  when  found  expedient,  or 
they  may  be  called  by  the  secretary  of  the  board  upon  the 
written  request  of  any  three  members  thereof.  It  shall  elect 
a  secretary  and  treasurer,  who  shall  hold  their  offices  at  the 
pleasure  of  the  board.  It  shall  have  power  to  appoint  a 
president  and  the  requisite  number  of  professors  and  tutors, 
with  such  other  officers  as  it  may  deem  expedient,  and  fix  the 


SCHOOL    LAWS  OF  IOWA.  m 

compensation  to  be  paid  them,  including  that  of  the  secretary 
and  treasurer,  and  the  amount  to  be  paid  for  tuition.  It  shall 
have  power  to  remove  any  officer  or  employe  connected  with 
the  university  when  in  its  judgment  the  good  of  the  institution 
so  requires.  [21  G.  A.,  ch.  181;  16  G.  A.,  ch.  147;  C.  '73,  §§ 
1587,  1590,  1592-3,  1596;  R.,  §  1934  ] 

Sec.  2639.  Apparatus— library— cabinet  of  natural  his- 
tory. The  board  of  regents  may  from  time  to  time  expend 
of  the  income  of  the  university  fund  such  portion  as  it  may 
find  expedient  in  the  purchase  of  apparatus,  library,  and  a 
cabinet  of  natural  history,  to  provide  suitable  means  to  pre- 
serve and  keep  the  same,  and  in  procuring  other  necessary 
facilities  for  giving  instruction.  For  the  purpose  of  supply- 
ing a  cabinet  of  natural  history,  all  geological  and  mineral- 
ogical  specimens  which  are  now  or  may  hereafter  be  collected 
by  the  state  geologists,  or  by  others  appointed  by  the  state 
to  investigate  its  natural  history  and  physical  resources,  shall 
belong  to  and  be  the  property  of  the  university,  under  the 
charge  of  the  professors  of  those  departments.  [C.  '73,  §§ 
]597-8;R.,  §§  1931,  1935.] 

Sec.  2640.  Object — departments— degrees.  The  university 
shall  never  be  under  the  exclusive  control  of  any  religious 
denomination.  Its  object  shall  be  to  provide  the  best  and 
most  efficient  means  of  imparting  to  men  and  women,  upon 
equal  terms,  a  liberal  education  and  thorough  knowledge  of 
the  different  branches  of  literature  and  the  arts  and  sciences, 
with  their  varied  applications.  It  shall  include  a  collegiate, 
law,  and  such  other  departments,  with  such  courses  of 
instruction  and  elective  studies,  as  the  board  of  regents  may 
determine,  beginning  the  same  in  its  collegiate  department, 
so  far  as  practicable,  at  the  points  where  the  same  are  com- 
pleted in  high  schools;  and  no  one  shall  be  admitted  who  has 
not  completed  the  elementary  studies  in  such  branches  as  are 
taught  in  the  common  schools  throughout  the  state.  Gradu- 
ates in  each  of  the  several  courses  shall  receive  such  degrees 
and  diplomas  or  other  marks  of  distinction  as  the  board  of 
regents  may  determine  and  such  as  are  usually  conferred  and 
granted  by 'other  universities.  [C.'73,  §§  1585-6,  1589;  R.,  §§ 
1926,  1930;  C. '51,  §  1020.] 

Sec.  2641.  Reports.  On  the  first  day  of  October  preced- 
ing the  meeting  of  the  general  assembly,  the  president  of  the 
university  shall  make  a  report  to  the  board  of  regents,  which 
shall  exhibit  the  condition  and  progress  of  the  institution,  the 
different  courses  of  study  pursued,  the  branches  taught,  the 
means  and  methods  of  instruction  adopted,  the  number  of 
students,  their  names,  classes,  and  residences,  with  such 
other  matters  as  he  may  regard  important.     The  board  of 


112  SCHOOL   LAWS   OF   IOWA. 

regents,  on  the  fifteenth  day  of  October  in  each  odd  numbered 
year,  shall  make  report  to  the  governor,  which  report  shall 
show  the  number  of  professors,  tutors,  and  other  officers,  the 
compensation  of  each,  the  condition  of  the  university  fund, 
the  income  received  therefrom,  the  amount  of  expenditures 
with  the  items  thereof,  and  such  other  information  and  such 
recommendations  as  it  shall  regard  important.  [22  G.  A.,  ch. 
82,  §  29;  C.'73,  §§  1600-1.] 


THE    STATE  COLLEGE   OF   AGRICULTURE   AND    MECHANIC    ARTS 

Act  of  Congress  July  2,  1862, 

AN  ACT  donating  public  lands  to  the  several  states  and  territories  which   may 
provide  colleges  for  the  benefit  of  agriculture  and  mechanic  arts. 

Section  1.  That  there  be  granted  to  the  several  states 
for  the  purpose  hereinafter  named,  an  amount  of  the  public 
land,  to  be  apportioned  to  each  state,  a  quantity  equal  to  thirty 
thousand  acres  for^each  senator  and  representative  in  con- 
gress to  which  the  states  are  respectively  entitled,  by  the 
apportionment  under  the  census  of  1860;  j^rooided,  that  no 
mineral  lands  shall  be  selected  under  the  provisions  of  this 
act. 

Sec.  2.  That  the  land  aforesaid,  after  being  surveyed, 
shall  be  apportioned  to  the  several  states  in  sections  or  sub- 
divisions of  sections,  not  less  than  one-quarter  of  a  section; 
and  whenever  there  are  public  lands  in  a  state  subject  to  sale 
at  private  entry  at  one  dollar  and  twenty-five  cents  per  acre, 
the  quantity  to  which  said  state  shall  be  entitled  shall  be 
selected  from  such  lands  within  the  limits  of  such  state,  and 
the  secretary  of  the  interior  is  hereby  directed  to  issue  to 
each  of  the  states  in  which  there  is  not  the  quantity  of  public 
lands  subject  to  sale  at  private  entry  at  one  dollar  and  twenty- 
five  cents  per  acre,  to  which  said  state  may  be  entitled  under 
this  act,  land  scrip  to  the  amount  in  acres  for  the  deficicmcy 
of  its  distributive  share;  said  scrip  to  be  sold  by  said  states 
and  the  proceeds  thereof  to  be  applied  to  the  uses  and  pur- 
poses prescribed  in  this  act,  and  for  no  other  purpose  what- 
ever; provided,  that  in  no  case  shall  any  state  to  which  land 
scrip  may  thus  be  issued,  be  allowed  to  locate  the  same  within 
the  limits  of  any  other  state,  or  of  any  territory  of  the  United 
States,  but  their  assignees  may  thus  locate  said  land  scrip 
upon  any  of  the  unappropriated  lands  of  the  United  States 
subject  to  sale  at  private  entry  at  one  dollar  and  twenty-five 
cents  or  less  per  acre;  and  provided  further^  that  not  more 
than  one  million  acres  shall  be  located  by  such  assignees,  in 
any  one  of  the  states;  ^,ndi  provided  further,  that  no  such  loca- 
tion shall  be  made  before  one  year  from  the  passage  of  this 
act. 


SCHOOL   LAWS    OF   IOWA.  113 

Sec.  3.  That  all  the  expenses  of  management,  superin- 
tendence, and  taxes  from  date  of  selection  of  said  lands  pre- 
vious to  their  sale,  and  all  the  expenses  incurred  in  the  man- 
agement and  disbursement  of  the  moneys  which  may  be 
received  therefrom,  shall  be  paid  by  the  state  to  which  they 
may  belong,  out  of  the  treasury  of  said  state,  so  that  the 
entire  proceeds  of  the  sales  of  said  lands  shall  be  applied 
without  any  diminution  whatever  to  the  purposes  hereinafter 
mentioned. 

Sec.  4.  That  all  moneys  derived  from  the  sale  of  the 
lands  aforesaid  by  the  states  to  which  the  lands  are  appor- 
tioned, and  from  the  sale  of  land  scrip  hereinbefore  provided 
for,  shall  be  invested  in  the  stocks  of  the  United  States,  or 
of  the  states,  or  of  some  other  safe  stocks,  yielding  not  less 
than  five  per  centum  upon  the  par  value  of  said  stocks;  and 
that  the  money  so  invested  shall  constitute  a  perpetual  fund, 
the  capital  of  which  shall  remain  forever  undiminished  (except 
so  far  as  may  be  provided  in  section  fifth  of  this  act),  and  the 
interest  of  which  shall  be  inviolably  appropriated  by  each 
state,  which  may  take  and  claim  the  benefit  of  this  act,  to 
the  endowment,  support,  and  maintenance,  of  at  least  one 
college,  where  the  leading  object  shall  be,  without  excluding 
other  scientific  and  classical  studies,  and  including  military 
tactics,  to  teach  such  branches  of  learning  as  are  related  to 
agriculture  and  the  mechanic  arts,  in  such  manner  as  the 
legislatures  of  the  states  may  respectively  prescribe,  in  order 
to  promote  the  liberal  and  practical  education  of  the  indus- 
trial classes  in  the  several  pursuits  and  professions  of  life. 

[Chapter  108,  Statutes  at  Large,  47th  Congress,  approved  April  26,  1882, 
amends  this  section  ''so  as  to  permit  the  state  of  Iowa,  which  has  provided  a 
college  in  accordance  with  this  act,  to  loan  the  endowment  fund  belonging  to  said 
college,  upon  real  estate  security,  under  such  rules  and  regulations  as  the  General 
Assembly  shall  hereafter  provide.] 

Sec.  5.  A?id  be  it  further  enacted,  That  the  grant  of  land 
and  land  scrip  hereby  authorized  shall  be  made  on  the  fol- 
lowing conditions,  to  which,  as  well  as  to  the  provisions 
hereinbefore  contained,  the  previous  assent  of  the  several 
states  shall  be  signified  by  legislative  acts: 

First — If  any  portion  of  the  fund  invested  as  provided  by 
the  foregoing  section,  or  any  portion  of  the  interest  thereon 
shall,  by  any  action  or  contingency,  be  diminished  or  lost,  it 
shall  be  replaced  by  the  state  to  which  it  belongs,  so  that 
the  capital  of  the  fund  shall  remain  forever  undiminished, 
and  the  annual  interest  shall  be  regularly  applied,  without 
diminution,  to  the  purposes  mentioned  in  the  fourth  section 
of  this  act,  except  that  a  sum  not  exceeding  ten  per  centum 
upon  the  amount  received  by  any  state  under  the  provisions 
of  this  act  may  be  expended  for  the  purchase  of  lands  for 
sites  or  experimental  farms,  whenever  authorized  by  the 
respective  legislatures  of  said  states. 

8 


1X4  SCHOOL   LAWS   OF   IOWA. 

Second — No  portion  of  said  fund  nor  the  interest  thereon, 
shall  be  applied  directly  or  indirectly,  under  any  pretense 
whatever,  to  the  purchase,  erection,  preservation,  or  repair 
of  any  building  or  buildings. 

Third — Any  state  which  may  take  and  claim  the  benefit  of 
the  provisions  of  this  act  must  provide,  within  five  years  at 
least,  not  less  than  one  college,  as  described  in  the  fourth 
section  of  this  act,  or  the  grant  to  such  state  shall  cease;  and 
said  state  shall  be  bound  to  pay  the  United  States  the  amount 
received  of  any  lands  previously  sold,  and  that  title  of  pur- 
chasers under  the  state  shall  be  valid. 

Fourth — An  annual  report  shall  be  made  regarding  the 
progress  of  each  college,  recording  any  improvements  and 
experiments  made,  with  their  cost  and  result,  and  such  other 
matters,  including  state  industrial  and  economical  statistics, 
as  may  be  supposed  useful;  one  copy  of  which  shall  be  trans- 
mitted by  mail  free  by  each  to  all  the  other  colleges  which 
may  be  endowed  under  the  provisions  of  this  act,  and  also  one 
copy  to  the  Secretary  of  the  Interior. 

Fifth — When  lands  shall  be  selected  from  those  which  have 
been  raised  to  double  the  minimum  price,  in  consequence  of 
railroad  grants,  they  should  be  completed  to  the  state  at  the 
maximum  price,  and  the  number  of  acres  proportionately 
diminished. 

Sixth — No  state  while  in  a  condition  of  rebellion  or  insur- 
rection against  the  government  of  the  United  States  shall  be 
entitled  to  the  benefit  of  this  act. 

Seventh — No  state  shall  be  entitled  to  the  benefit  of  this  act, 
unless  it  shall  express  its  acceptance  thereof  by  its  legislature 
within  two  years  from  date  of  its  approval  by  the  President. 

Sec.  6.  That  land  scrip  issued  under  the  provision  of  this 
act,  shall  not  be  subject  to  location  until  after  the  first  day  of 
January,  1863. 

Sec.  7.  That  the  land  officers  shall  receive  the  same  fees 
for  locating  land  scrip  issued  under  the  provisions  of  this  act, 
as  is  now  allowed  for  the  location  of  Military  Bounty  Land 
Warrants  under  existing  \2i,^^\  provided^  their  maximum  com- 
pensation shall  not  thereby  be  increased. 

Sec.  8.  That  the  governors  of  the  several  states  to  which 
scrip  shall  be  issued  under  this  act,  shall  be  required  to  report 
annually  to  congress  all  sales  made  of  such  scrip  until  the 
whole  shall  be  disposed  of,  the  amount  received  for  the  same, 
and  what  appropriation  has  been  made  of  the  proceeds.  [U. 
S.  Statutes  1861-2,  p.  503.] 


SCHOOL   LAWS   OF  IOWA.  n^ 

LAWS   OP   IOWA. 

Section  2645.  Grant  accepted.  Legislative  assent  is 
given  to  the  purposes  of  the  various  congressional  grants  to  the 
state  for  the  endowment  and  support  of  a  college  of  agricul- 
ture and  mechanic  arts,  and  an  agricultural  experiment  station 
as  a  department  thereof,  upon  the  terms,  conditions  and 
restrictions  contained  in  all  acts  of  congress  relating  thereto, 
and  the  state  assumes  the  duties,  obligations  and  responsibili- 
ties thereby  imposed.  All  moneys  appropriated  by  the  state 
because  of  the  obligations  thus  assumed,  and  all  funds  arising 
from  said  congressional  grants,  shall  be  invested  or  expended 
in  accordance  with  the  provision  of  such  grant,  for  the  use 
and  support  of  said  college  located  at  Ames.  [24  G.  A.,  ch. 
6;  20  G.  A.,  ch.  76,  §  1;  C.  '73,  §  1604;  R.,  §  1714.] 

Sec.  2646.  Board  of  trustees.  The  college  shall  be  under 
the  control  and  management  of  a  board  of  trustees  of  which 
the  governor  and  superintendent  of  public  instruction  shall 
be  members,  by  virtue  of  office;  but  neither  the  president  nor 
other  officer  or  employe  of  the  college  and  farm  shall  be  eligi- 
ble to  membership  therein.  [27  G.  A.,  ch.  76;  20  G.  A.,  ch  .76, 
§1;G.  '73,  §1604;R.,  §  1714.] 

Sec.  2648.  Courses  of  study.  There  shall  be  adopted  and 
taught  practical  courses  of  study  embracing  in  their  leading 
branches  such  as  relate  to  agriculture  and  the  mechanic  arts, 
and  such  other  branches  as  are  best  calculated  to  thoroughly 
educate  the  agricultural  and  industrial  classes  in  the  several 
pursuits  and  professions  of  life,  including  military  tactics, 
and,  as  a  separate  department,  a  school  of  mines,  in  which  a 
complete  course  in  theoretical  and  practical  mining-  in  its 
different  branches  shall  be  taught.  [25  G.  A.,  ch.  107;  20  G. 
A.,  ch.  27;  C.  '73,  §  1621.] 

Sec.  2649.  Tuition— admission.  Tuition  in  the  college 
herein  established  shall  be  forever  free  to  pupils  from  the 
state  over  sixteen  years  of  age,  who  have  been  residents  of 
this  state  six  months  previous  to  their  admission.  Each 
county  in  this  state  shall  have  a  prior  right  to  tuition  for 
three  scholars  from  such  county;  the  remainder,  equal  to  the 
capacity  of  the  college,  shall  be  by  the  trustees  distributed 
among  the  counties  in  proportion  to  the  population,  subject 
to  the  above  rule.  Transient  scholars  otherwise  qualified, 
may  at  all  times  receive  tuition.     [C.  '73,  §  1619.] 

*********** 

Sec.  2651.  President.  The  president  shall  manage  and 
control  the  affairs  of  the  college  and  farm,  subject  to  such 
rules  as  may  be  prescribed  by  the  board  of  trustees,  and  shall 
report  to  it  at  its  annual  meeting,  and  at  such  other  times  as 
it  directs,  all  his  acts  and  the  condition  of  the  several  depart- 


116  SCHOOL   LAWS   OF  IOWA. 

ments,  with  his  recommendations  for  the  future  management 
thereof.     [C.73,  §  1611.] 

Sec.  2662.  Secretary.  The  secretary  shall  keep  a  record 
of  the  proceedings  of  the  board,  and  all  documents  and  papers 
xjonnected  with  the  office,  and  conduct  the  correspondence. 
All  acts  of  the  board  relating  to  the  management,  disposition, 
or  use  of  the  lands,  funds  or  other  property  of  the  institution 
shall  be  entered  of  record,  and  show  how  each  member  voted 
upon  each  proposition.  He  shall  also  prepare  the  biennial 
report  of  the  board  to  the  governor;  and  report  to  the  execu- 
tive council  annually,  and  at  such  other  times  as  may  be 
required  by  it,  all  loans  made  since  his  last  report  to  it;  and 
also,  to  the  board,  all  loans  made  since  its  last  meeting,  unless 
otherwise  ordered;  but  such  reports  must  be  made  at  least 
quarterly.  Upon  the  election  of  any  person  to  any  office 
under  the  board,  he  shall  give  notice  thereof  to  the  secretary 
of  state.  He  shall  also  keep  an  account  with  the  treasurer, 
charging  him  with  all  money  paid  him,  and  crediting  him 
with  the  amounts  paid  out  upon  the  order  of  the  board  of 
audit,  which  account  shall  be  balanced  monthly.  [20  G.  A., 
ch.  193,  §4;  C. '73,  §  1612.] 

Sec.  2673.  Sale  of  liquors.  No  person  shall  open,  main- 
tain or  conduct  any  shop  or  other  place  for  the  sale  of  wine, 
beer  or  spirituous  liquors,  or  sell  the  same  at  any  place 
within  a  distance  of  three  miles  from  the  agricultural  college 
and  farm;  provided,  that  the  same  may  be  sold  for  sacra- 
mental, mechanical,  medical  or  culinary  purposes;  and  any 
person  violating  the  provisions  of  this  section  shall  be  pun- 
ished on  conviction  by  any  court  of  competent  jurisdiction,  by 
a  fine  not  exceeding  fifty  dollars  for  each  offense,  or  by 
imprisonment  in  the  county  jail  for  a  term  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment.  [C.'73,  § 
1620.] 


THE   NORMAL  SCHOOL. 

Section  2675.  Board  of  trustees— oflacers.  The  normal 
school  at  Cedar  Falls,  for  the  special  instruction  and  training 
of  teachers  for  the  common  schools,  shall  be  under  the  man- 
agement and  control  of  a  board  of  trustees,  of  which  the 
superintendent  of  public  instruction  shall  be,  by  virtue  of 
office,  a  member  and  president.  It  shall  meet  annually  on  or 
before  June  fifteenth,  at  the  call  of  the  president,  and  organ- 
ize by  the  election  of  one  of  its  members  vice-president,  and 
a  secretary  and  treasurer,  neither  of  the  latter  to  be  a  mem- 
ber of  the  board.  The  treasurer  shall  give  bond  in  the  sum 
of  twenty  thousand  dollars,  with  good  and  sufficient  sureties. 


SCHOOL   LAWS   OF   IOWA.  II7 

to  be  filed  with  and  approved  by  the  secretary  of  state,  which 
bond  shall  be  conditioned  for  the  safe  keeping  and  proper 
disbursement  of  all  money  coming  into  his  hands  by  virtue  of 
his  office.     [16  G.  A.,  ch.  129,  §§  1,  4.] 

Sec.  2676.      Powers    of  board  —  admissions  —  fees.      The 

board  shall" have  power  to  employ  a  sufficient  number  of  suit- 
able and  competent  teachers  and  other  assistants;  fix  their 
compensation;  make  all  necessary  rules  and  regulations  for 
the  management  of  the  school,  the  admission  of  pupils 
from  the  several  counties  in  the  state,  giving  to  each  county 
its  proper  representation  therein  in  proportion  to  the  popula- 
tion thereof,  and  to  all  teachers  in  the  state  equal  rights, 
requiring  that  each  one  received  as  a  pupil  shall  furnish 
satisfactory  evidence  of  good  moral  character  and  the  honest 
intention  of  following  the  business  of  teaching  school  in  the 
state;  and  make  such  arrangements  as  it  may  for  the  lodging 
and  boarding  of  pupils,  which  shall  be  paid  for  by  them.  It 
may  charge  a  fee  for  contingent  expenses  not  to  exceed  one 
dollar  monthly,  and  a  tuition  fee  of  not  more  than  six  dollars 
a  term,  if  necessary  for  the  proper  support  of  the  institution, 
and  shall  determine  what  part  of  the  year  the  school  shall  be 
open,  its  sessions  to  continue,  however,  for  at  least  twenty- 
six  weeks  of  each  year.  [17  G.  A.,  ch.  142,  §  2;  16  G.  A.,  ch. 
129,  §  5.] 

Sec.  2677.  Branches  of  study.  Physiology  and  hygiene 
shall  be  included  in  the  branches  of  study  regularly  taught 
to  and  studied  by  all  pupils  in  the  school,  and  special  refer- 
ence shall  be  made  to  the  effect  of  alcoholic  drinks,  stimu- 
lants and  narcotics  upon  the  human  system,  and  the  board  of 
trustees  shall  provide  the  means  for  the  enforcement  of  the 
provisions  of  this  section  and  see  that  they  are  obeyed.  [25 
G.  A.,  ch.  1,  §  1.] 

Sec.  2678.  Contract  with  school  districts.  The  board  of 
trustees  may  contract  with  the  board  of  directors  of  the 
school  township  or  independent  district  in  which  the  school 
is  situated,  and  those  contiguous  thereto,  for  a  period  not 
exceeding  two  years  at  a  time,  to  receive  the  pupils  thereof 
into  the  normal  school  and  furnish  them  with  instruction, 
payment  therefor  to  be  made  out  of  the  teachers'  fund  of 
such  townships  or  districts,  which  shall  not  exceed  fifty 
cents,  weekly,  for  each  pupil;  the  contract  to  be  in  writing, 
and  a  copy  filed  with  the  county  superintendent.  [25  G.  A., 
ch.  40,  §§  1-3.] 

Sec.  2679.  Teachers'  reports— tuition.  If  such  a  contract 
is  entered  into,  all  reports  required  by  law  to  be  made  to  the 
board  of  directors  of  such  townships  or  districts  and  the 
county  superintendent,  by  the  teachers  thereof,  shall  be 
made   by  the   principal   of  the  normal  school,  and  all  sums 


118  SCHOOL   LAWS  OF   IOWA. 

paid  for  tuition  shall  go  to  its  contingent  fund.  [Same, 
§§  3,  4.] 

Sec.  2680.  Report  to  governor.  The  board  shall  bien- 
nially, through  its  secretary,  make  a  detailed  report  to  the 
governor  of  its  proceedings  during  the  preceding  two  years, 
which  report  shall  show  the  number  of  teachers  employed,  the 
compensation  of  each,  the  number  of  pupils  and  classification, 
an  itemized  statement  of  receipts  and  expenditures,  and  such 
further  information  with  such  recommendations  as  may  be 
regarded  important  to  the  interests  of  the  institution,  and 
with  reference  to  its  connection  with  the  educational  work  of 
the  state.     [22  G.  A.,  ch.  64,  §  2;  16  G.  A.,  ch.  129,  §  9.] 

Sec.  2681.  Compensation  of  ofB.cers.  The  secretary  of  the 
board  shall  receive  such  compensation  as  may  be  fixed  by  it, 
not  exceeeing  one  hundred  dollars  annually,  with  actual 
traveling  expenses.  The  treasurer  shall  be  allowed  only  his 
actual  traveling  expenses,  the  claim  for  which,  as  well  as  that 
of  the  secretary,  to  be  itemized  and  verified  before  it  is  allowed 
and  paid  which  shall  be  done  out  of  the  state  treasury  upon 
the  warrant  of  the  state  auditor.  [22  G.  A.,  ch.  64,  §  1;  16  G. 
A.,  ch.  129,  §  2.] 

Sec.  2682.  Appropriation.  There  is  hereby  appropriated 
the  sum  of  twenty-eight  thousand  five  hundred  dollars  annually 
as  an  endowment  fund  for  the  payment  of  the  teachers  of  said 
normal  school,  and  the  further  sum  of  nine  thousand  dollars 
annually  as  a  contingent  fund  therefor.  The  amount  herein 
appropriated  shall  be  drawn  and  paid  quarterly  on  the  first 
days  of  March,  June,  September  and  December,  on  the  requisi- 
tion of  the  board  of  trustees  of  the  school.     [27  G.  A.,  ch.  77.] 


COUNTY   HIGH    SCHOOLS. 

Section  2728.  How  established.  Any  county  may  estab- 
lish a  high  school  in  the  following  manner:  When  the  board 
of  supervisors  shall  be  presented  with  a  petition  signed  by 
one-third  of  the  electors  of  the  county  as  shown  by  the  returns 
of  the  last  preceding  election,  requesting  tbe  establishment 
of  a  county  high  school  at  a  place  in  the  county  named 
therein,  it  shall  submit  the  question,  together  with  the 
amount  of  tax  to  be  levied  to  erect  the  necessary  buildings, 
at  the  next  general  election  to  be  held  in  the  county,  or  at  a 
special  one  called  for  that  purpose,  first  giving  twenty  days' 
notice  thereof  in  one  or  more  newspapers  published  in  the 
county,  if  any  be  published  therein,  and  by  posting  such  notice, 
written  or  printed,  in  each  township  of  the  county,  at  which 
election  the  vote  shall  be  by  ballot,  for  or  against  establishing 
the  high  school,  and  for  or  against  the  levying  of  the  tax,  the 
vote  to  be  canvassed  in  the  same  manner  as  that  for  county 
officers.     Should  a  majority  of  all  the  votes  cast  upon  the 


SCHOOL  LAWS  OE  IOWA. 


119 


question  be  in  favor  of  establishing  such  school,  and  the  levying 
of  such  tax,  the  board  of  supervisors  shall  at  once  appoint  six 
trustees,  residents  of  the  county,  not  more  than  two  from  the 
same  township,  who,  with  the  county  superintendent  of  com- 
mon schools  as  president,  shall  constitute  a  board  of  trustees 
for  said  high  school.     [27  G.  A.,  ch.  84,  §  1;  C.  '73,  §  1697-9, 

Sec.  2729.  Trustees— officers.  The  trustees,  within  ten 
days  after  appointment,  shall  qualify  by  taking  the  oath  of 
civil  officers,  and  giving  bond  in  such  sum  as  the  board  of 
supervisors  may  require,  with  sureties  to  be  approved  by  it, 
and  shall  hold  office  until  their  successors  are  elected  and 
qualified,  who  shall  be  elected  at  the  general  election  follow- 
ing. The  trustees,  then  elected,  shall  be  divided  into  three 
classes  of  two  each,  and  hold  their  office  one,  two  and  three 
years,  respectively,  their  several  terms  to  be  decided  by  lot, 
and  thereafter  two  trustees  shall  be  annually  elected,  the 
trustees  so  elected  to  qualify  in  the  same  manner  and  at  the 
same  time  as  other  county  officers  and  all  vacancies  occurring 
to  be  filled  by  appointment  by  the  board  of  supervisors,  the 
appointee  to  hold  the  office  until  the  next  general  election, 
and  a  majority  of  which  trustees  shall  constitute  a  quorum 
for  the  transaction  of  business.  At  the  first  meeting  held  in 
each  year,  the  board  shall  appoint  a  secretary  and  treasurer 
from  their  own  number,  who  shall  perform  the  usual  duties 
devolving  upon  like  officers.  The  treasurer,  in  addition  to 
his  bond  as  trustee,  shall  give  one  as  treasurer,  in  such  sum 
and  with  such  sureties  as  may  be  fixed  by  the  board,  and 
receive  all  moneys  from  all  sources  belonging  to  the  funds  of 
the  school,  and  pay  them  out  as  directed  by  the  board  of  trus- 
tees, upon  orders  drawn  by  the  president  and  countersigned 
by  the  secretary;  both  of  which  officers  shall  keep  an  accu- 
rate account  of  all  moneys  received  and  paid  out,  and  at  the 
close  of  each  year,  and  whenever  required  by  the  board,  shall 
make  a  full  itemized  and  detailed  report.  [C.  '73,  §§  1699, 
1700,  1704,  1711.] 

Sec.  2730.  Site — tax.  As  soon  as  convenient  after  the 
organization  of  the  board,  it  shall  proceed  to  select  the  best 
site  that  can  be  obtained  without  expense  to  the  county,  at 
the  place  named  in  the  petition  upon  which  the  vote  was 
taken,  for  the  erection  of  the  necessary  school  buildings,  the 
title  to  be  taken  in  the  name  of  the  county,  and  shall  procure 
plans  and  specifications  for  the  erection  of  such  buildings,  and 
make  all  necessary  contracts  for  the  erection  of  the  same, 
the  cost  of  which,  when  completed,  shall  not  exceed  the 
amount  of  the  tax  so  levied  therefor.  They  shall  also  annu- 
ally make  and  certify  to  the  board  of  supervisors  on  or  before 
the  first  Monday  of  September  of  each  year,  an  estimate  of 
the  amount  of    funds  needed  for  improvements,   teachers' 


120  SCHOOL   LAWS   OF  IOWA. 

wages  and  contingent  expenses  for  the  ensuing  year,  designat- 
ing the  amount  for  each,  which,  in  the  aggregate  shall  not 
exceed,  in  any  one  year,  two  mills  on  the  dollar,  upon  the 
taxable  property  of  the  county.  No  expenditures  for  build- 
ings or  other  improvements  shall  be  made,  or  contract  entered 
into  therefor,  by  said  board,  involving  an  outlay  of  to  exceed 
five  hundred  dollars  in  any  one  year,  without  the  same  first 
being  submitted  to  the  electors  of  the  county  in  which  said 
school  be  located,  for  their  approval;  the  tax  to  be  levied  and 
collected  in  the  same  manner  as  other  county  taxes,  and  paid 
over  by  the  county  treasurer  in  the  same  manner  as  school 
funds  are  paid  to  district  treasurers.  [27  G.  A.,  ch.  84,  §  2; 
C.  '73,  §§  1702-3,  J  705.] 

Sec.  2731.  Buildings— management.  Said  board  shall 
make  no  purchases,  nor  enter  into  any  contracts  in  any  year, 
in  excess  of  the  funds  on  hand  and  to  be  raised  by  the  levy  of 
that  year.  It  shall  employ,  when  suitable  buildings  have 
been  furnished,  a  competent  principal  teacher  to  take  charge 
of  the  school,  and  such  assistant  teachers  as  may  be  neces- 
sary, and  fix  the  salaries  to  be  paid  them,  and  in  the  conduct 
of  the  school  may  employ  advanced  students  to  assist  in  the 
work.  Annual  reports  shall  be  made  by  the  secretary  to  the 
board  of  supervisors,  which  report  shall  give  the  number  of 
students,  with  the  sex  of  each,  who  have  been  in  attendance 
during  the  year,  the  branches  taught,  the  text-books  used, 
number  of  teachers  employed,  salary  paid  to  each,  amount 
expended  for  library,  apparatus,  buildings,  and  all  other 
expenses,  the  amount  of  funds  on  hand,  debts  contracted,  and 
such  other  information  as  may  be  deemed  important,  and 
this  report  shall  be  printed  in  at  least  one  newspaper  in  the 
county,  if  any  is  published  therein,  and  a  copy  forwarded  to 
the  superintendent  of  public  instruction.  And  for  their  serv- 
ices the  trustees  shall  each  receive  the  sum  of  two  dollars 
per  day  for  the  time  actually  employed  in  the  discharge  of 
official  duties,  claims  for  services  to  be  presented,  audited^ 
and  paid  out  of  the  county  treasury,  in  the  same  manner  as 
other  accounts  against  the  county.  [27  G.  A.,  ch.  84,  §  3; 
C.'73,  §§  1705-6,  1710,  1712.] 

Sec.  2732.  Regulations.  The  principal  of  any  such  high 
school,  with  the  approval  of  the  board  of  trustees,  shall  make 
such  rules  and  regulations  as  is  deemed  proper  in  regard  to 
the  studies,  conduct  and  government  of  the  pupils;  and  any 
pupil  who  will  not  conform  to  and  obey  such  rules  may  be 
suspended  or  expelled  therefrom  by  the  board  of  trustees. 
Said  board  of  trustees  shall  make  all  necessary  rules  and  reg- 
ulations in  regard  to  the  age  and  grade  of  attainments  neces- 
sary to  entitle  pupils  to  admission  into  the  school,  and  shall, 
on  or  before  the  tenth  day  of  July  of  each  year  make  an 
apportionment  between  the  different  school  corporations  of 


SCHOOL   LAWS  OF    IOWA. 


121 


the  county,  of  the  pupils  that  shall  attend  said  school,  and 
shall  apportion  to  each  of  said  school  corporations  its  propor- 
tionate number,  based  upon  the  number  of  pupils  that  can  be 
reasonably  accommodated  in  said  school,  and  the  number  of 
pupils  of  school  age,  actual  residents  of  such  school  corpora- 
tions, as  shown  by  the  county  superintendent's  report  last 
filed  with  the  county  auditor,  of  said  county;  said  apportion- 
ment shall  be  published  in  the  official  papers  of  such  county, 
to  be  paid  for,  as  other  county  printing;  pupils  from  the  said 
school  corporations  to  the  number  so  designated  in  such  appor- 
tionment, shall  be  entitled  to  admission  into  said  school, 
tuition  free,  and  none  others,  and  it  shall  be  unlawful  to 
accredit  pupils  so  attending  to  any  other  school  corporation, 
than  the  one  in  which  they  are  enumerated  for  school  puposes. 
Should  there  be  more  applicants  for  such  admission  from  any 
school  corporation  than  its  proportionate  number,  so  deter- 
mined, then  the  board  of  directors  of  such  school  corporation 
shall  designate  which  of  said  applicants  shall  be  entitled  to  so 
attend.  If  the  school  shall  be  capable  of  accommodating  more 
pupils  than  those  attending  under  such  apportionment,  others 
may  be  admitted  by  the  board  of  trustees,  preference  at  all 
times  being  given  to  pupils  desiring  such  admission,  who  are 
residents  of  the  county.  The  board  of  trustees  shall  fix 
reasonable  tuition  for  such  pupils.  If  such  pupils  are  resi- 
dents of  the  county  the  school  corporation  from  which  they 
attend  shall  pay  their  tuition  out  of  its  contingent  fund. 
The  principal  of  such  high  school  shall  report  to  the  said 
board  of  trustees  under  oath,  at  the  close  of  each  term  the 
names  and  number  of  pupils  attending  such  school  during  said 
term,  from  what  school  corporation  they  attended,  and  the 
amount  of  tuition,  if  any,  paid  by  each,  the  same  to  be 
included  in  the  annual  report  of  the  secretary  of  the  board 
of  trustees  to  the  board  of  supervisors,  provided  for  in  sec- 
tion twenty-seven  hundred  and  thirty-one  (2731)  of  the  code. 
The  tuition  so  paid  to  be  turned  over  to  the  treasurer  of  the 
board  of  trustees  to  be  used  in  paying  the  expenses  of  said 
school  under  the  direction  of  said  board.  [27  G.  A.,  ch.  84,  § 
4;  C.'78,  §  1709.  J 

Sec.  2733.  Petitions  to  abolish— election.  Whenever  cit- 
izens of  any  county  having  a  county  high  school  desire  to 
abolish  the  same  or  to  dispose  of  any  part  of  the  buildings  or 
property  thereof,  they  may  petition  the  board  of  supervisors 
at  any  regular  session  thereof  in  relation  thereto,  and  sec- 
tions three  hundred  and  ninety-seven  (397),  three  hundred  and 
ninety-eight  (398),  three  hundred  and  ninety-nine  (399)  and 
four  hundred  (400)  of  the  code  shall  apply  to  and  govern  the 
whole  matter,  including  the  manner  of  presenting  and  deter- 
miningf  the  sufficiency  of  such  petitions  and  remonstrances 
thereto  so  far  as  applicable.     If  an  election  is  ordered  th^ 


122  SCHOOL   LAWS   OF   IOWA. 

same  shall  be  held  at  the  time  of  the  general  election  or  at  a 
special  election  called  for  that  purpose  and  the  proposition 
shall  be  submitted  and  the  election  conducted  in  the  manner 
provided  in  title  six  (6)  of  the  code.  If  any  proposition  as 
herein  provided  be  legally  submitted  and  adopted,  the  board 
of  supervisors  is  hereby  empowered  to  carry  the  same  into 
effect.     [27  G.  A.,  ch.  84,  §  5;  C.'73,  §§  1707-8.] 


Jti^. 


BLANK  iORMS. 


123 


BLANK  FORMS. 


•    NUMBER    1.— SECTION    2736. 

teacher's CLASS  CERTIFICATB. 

Office  of  County  Superintendent, 
,  Iowa ,  190 


.1 


This  certifies  that. 


RESULT  OF 
EXAMINATIONS. 


PER 
CENT. 


Orthography 

Reading... 

Writing 

Arithmetic 

Geography 

Grammar 

U.  S.  History 

Didactics 

Physiology,  etc 

Elements  of  Vocal  Music 


has  passed  a  satisfactory 

examination  in  the  branches  named  herein,  with 
the  results  appended,  is  of  good  moral  character, 
and  is  in  all  other  respects  possessed  of  the  nec- 
essary qualifications  as  an  instructor.     I  hereby 

authorize to  teach  the  subjects  named  in 

any  public  school  of county  for  a  period 

of months  from  the  date  of  this  certificate. 


No. 


County  Superintendent. 


STUB  FOR  ABOVE  FORM. 


STUB   FOR   NEXT  FORM. 


No, 


No. 


Granted  to 


Granted  to 


Postofifice 

Age Terms  taught 

Granted 190 . 

Expires ,  190. 


Postofl&ce 

Age Terms  taught 

Granted 190. 

Expires 190. 


RESULT   OF   EXAMINATIONS. 


PER 
CENT. 


RESULT   OF  EXAMINATIONS. 


OrthograpJay 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U.  S.  History 

Didactics 

Physiology ,  etc 

Elements  of  Vocal  Music . 


Orthography 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U.  S.  History 

Didactics 

Physiology,  etc. . . ; 

Elementary  Civics 

Elementary  Algebra 

Elements  of  Physics 

Elementary  Economics. . . 
Elements  of  Vocal  Music. 


PER 
CENT. 


124 


BLANK    FORMS. 


NUMBER  2— SECTION  2737. 
teacher's  two  years'  certificate. 

Office  of  County  Superintendent, 


Iowa, 


190.. 


This  certifies  that. 


result  of 
examinations  . 


Orthography 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

U.  S.  History 

Didactics 

Physiology,  etc 

Elementary  Civics 

Elementary  Algebra... 

Elements  of  Physics 

Elementary  Economics. 
Elements  of  Vocal  Music 


PER  CENT. 


has  passed  a  satisfactory 

examination  in  the  branches  named  herein , 
with  the  results  appended,  is  of  good 
moral  character,  has  had  thirty- six  weeks' 
successful  experience  in  teaching,  and  is  in 
all  other  respects  possessed  of  the  nec- 
essary qualifications  as  an  instructor.      I 

hereby   authorize 

to  teach  the  subjects  named  in  any  public 

school  of county  for  a 

period  of  two  years  from  the  date  of  this 
certificate. 


No. 


County  Superintendent, 


NUMBER   3— SECTION   2736. 


teacher's  special  certificate. 


Office  of  County  Superintendent, 
Iowa, ISO 


,} 


This  certifies  that has  passed  a  satisfactory  examina- 
tion in  the  special  studies  written  herein,  is  of  good  moral  character,  and  is  in  all 
other  respects  possessed  of  the  necessary  qualifications  as  an  instructor.     I  hereby 

authorize to  teach  only  the  branches  named  in  any  public  school  of 

county  for  a  period  of months  from  the  date  of  this  certificate. 

No... 


No. 


stub  for  above. 


Granted  to 


Postoffice 

Age Terms  taught 

Granted 190. 

Expires ,  190. 


County  Superintendent . 

NoTB— Th's  is  printed  on  the  face  of  the  cer- 
titicare,  similar  to  Form  2. 

result  of  examinations 

PER 

cent. 

result  of  examinations. 


PER 

cent. 


BLANK    FORMS 

NUMBER  4.— SECTION  2737. 
revocation  of  teacher's  certificate. 

Office  of  County  Superintendent, 
Iowa,  190 


125 


J 


To  Boards  of  Directors: 

You  are  hereby  notified  that  a  certificate  to  teach ,  granted  to 

dated ,  190,.,  is  hereby  revoked  in  accordance  with  the  provisions 

of  section  2737,  the  said  revocation  to  take  effect  from  the  date  hereof. 


County  Superintendent, 


NUMBER  5— SECTION  2738. 
application  for  teachers'  normal  institute. 

Office  of  County  Superintendent,  ^ 

Iowa 190..  j 

To  the  Superintendent  of  Public  Instruction  : 

I  desire  to  hold  the  annual  normal  institute  for county 

at ,  Iowa ,  commencing  on  the day  of 

190. .  ,  and  closing  on  the  day  of 190. . 

I  shall  act  as  director,  and  have  selected,  subject  to  your  approval, 

as  conductor,  and , ,  as 

instructors,  and  hereby  requ'^ist  your  concurrence  in  these  arrangements. 


County  Superin  tendent . 


NUMBER  6.— SECTION  2738. 


monthly  report  of  examination  fees,  institute  fund. 

Received  $ from  examination  fees ,  foi;  the  month  of 

and  paid  the  same  to  the  treasurer  of .county,  Iowa. 


NAME  of  applicant 


AMOUNT 
RECEIVED. 


NAME  OF  APPLICANT. 


AMOUNT 
RECEIVED. 


24 

1 

49 
50 

25 

1 

Total 

$ 

. .  * « 

I  hereby  certify  that  the  above  report  is  correct. 
Iowa,  


County  Superintendent, 


1.  190.. 


126  BLANK   FORMS. 

NUMBER  7.— SECTION  2738. 

REPORT   OF   REGISTRATION   FEES,   INSTITUTE  FUND. 

Received  $ from  registration  fees  of  normal  institute ,  held  at • 

commencing ,  190. . ,  and  paid  the  same  to  the  treasurer 

of county,  Iowa. 


NAME  OF  TEACHER. 

AMOUNT 
RECEIVED . 

NAME  OF  TEACHER . 

AMOUNT 
RECEIVED. 

1 

$ 

151 
!l52 

1$          1... 

2 

1 

.... 

..:: ;v;::;::.-::.|!:::::::i:::: 

*                 *                 *                 * 

149 

* 

i 

299 

*           *           <• 

» 

^ 

150 

..State  appropriation 
Total 

' ' ' 

i 

$.;.:...  r 

1  hereby  certify  that  the  above  report  is  correct. 

Iowa 

1 ,  190 . .  County  Superintendent, 


NUMBER  8.— SECTION  2738. 

RECEIPT  FOR  INSTITUTE  FUND. 


Received  of ,  county  superintendent, 

dollars  institute  fund. 

,  Iowa 

1 ,  1 90 . ,  County  Treasurer » 


NUMBER  9.— SECTION  2738. 
order  on  county  auditor. 

Office  of  County  Superintendent,       1 

$ Iowa 190..    J 

To ,  Auditor  of County: 

Please  draw  and  deliver  to. a  warrant  upon  the 

Institute  Fund  for dollars,  as  by  duly  verified  bill  No 

accompanying  this  order. 

No 

County  Superintendent, 

NUMBER  10.— SECTION  2746. 

NOTICE  OF  ANNUAL  MEETING. 

Notice  is  hereby  given  to  the  qualified  electors  of  the. 


of in  the  county  of ,  state  of  Iowa, 

that  the  annual  meeting  of  said  district  will  be  held  ar 

on  the  second  Monday  in  March,    190..,  at. .  .o'clock. .  .m. ,  and  closing   at... 
o'clock.,  .m. 

A   director  will   be  elected    for  a   term    of years,    to    succeed 

,  one  for years,    to   succeed 

and 


BLANK  FORMS. 


127 


The  meeting  will  be  open  for  the  transaction  of  such  business  as  may  legally 
come  before  it,  and  the  board  has  directed  that  the  following  propositions  shall  be 
submitted  to  and  determined  by  the  voters: 


190..  Secretary. 


NUMBER  11.— SECTION  2746. 

PROCEEDINGS   OF   ANN0AL   MEETING. 

March....,  190.. 
The  electors  of  the 

in  the  county  of state  of 

Iowa,  assembled  at pursuant  to  notice.      The 

meeting  was   called  to   order  by   the  president  at o'clock m.      The 

secretary  being  absent , was  elected  secretary . 

The  order  of  business  and  powers  of  the  meeting  were  stated  by  the  president. 

It  was  moved  by seconded  by 

,  that  the  ballots  provide  for  voting  upon  a 

tax  of dollars  for  schoolhouse  purposes. 

Carried ,   votes  for  an  d   votes  against . 

On  motion  of seconded  by , 

it  was  voted  that  the  ballots  provide  for  voting  a  tax  of  eight  hundred  dollars  for 
the  purpose  of  building  a  schoolhouse  in  subdistrict  No 

It  was  ordered  that  the  ballots  afford  opportunity  to  vote  upon  the  proposition 

o  transfer dollars  of  unused  schoolhouse  fund  to  the  teachers' 

(contingent)  fund. 

The  polls  for  voting  were  opened  at minutes  after o'clock. 

At minutes  after o'clock  the  polls  were  closed ,  the  ballots  were 

counted,  and  the  vote  upon  the  several  matters  voted  upon  was  in  each  case  as 
follows: 


The  time  required  by  law  during  which  the  meeting  must  be  kept  open  having 
passed,  the  meeting  adjourned  at minutes  after o'clock. 


Secretary .  Chairman 


NUMBER  12.— SECTION  2746. 

CERTIFICATE   OF   ELECTION. 

We  hereby  certify  that  at  the  annual  meeting  of  the , 

in  the  county  of ,  statt  of  Iowa,  held  on  the  second 

Monday  in  March,  190 .. , was  duly  elected 

of  said  district,  for  a  term  of years, 

to  succeed 


190. .  Judges  of  Election, 


128  BLANK   FORMS. 

NUMBER  13.— SECTION  2751. 

NOTICE   OF  SUBDISTRICT   MEETING. 

Notice  is  hereby  given  that  a  meeting  of  the  qualified  voters  of  subdistrict 

No ,  of  the  school  township  of ,  in  the  county  of , 

state  ot  Iowa,  will  be  held  at ,  on  the  first  Monday  in  March,  190. . , 

at.... o'clock m. ,  for  the  election  of  a  director  and  for  the  transaction  of  such 

o^her  business  as  may  legally  come  before  it.  The  question  whether hun- 
dred dollars  schoolhouse  tax  shall  be  voted  upon  the  property  of  the  subdistrict 
will  be  determined  by  ballot  at  such  meeting. 


190 . .  Director  ot  Subdistrict  No 


NUMBER  14.— SECTION   2751. 

PROCEEDINGS   OF  ANNUAL  SUBDISTRICT  MEETING. 

March 19i.. 

The  voters  of  subdistrict  No ,  of  the  school  township  of 

in  the  county  of ,  state  of  Iowa,  met  pursuant  to  notice. 

was  appointed  chairman,  and secretary  of 

the  meeting. 

The  chairman  announced  the  powers  of  the  meeting. 

The  polls  were  opened  at minutes  after o'clock.     At minutes  after 

....o'clock  the  polls  were  closed,  and  the  judges  proceeded  to  count  the  ballots. 

For  director votes  were  cast  for ,     votes  for 

,  and votes  for upon  which 

was  declared  elected  director  for  the  ensuing  year,  and  he  was  given  his  certificate 

of  election.     Upon  the  proposition  to  vote  a  schoolhouse  tax  of hundred 

dollars  upon  this  subdistrict, votes  were  cast  for  the  tax,  and 

against  the  tax.     It  was  declared  that  the  vote  was 

At minutes  after. . .  .o'clock,  on  motion  of the  meeting 

adjourned. 


Secretary.  Chairman, 


NUMBER  15.— SECTION  2751. 

CERTIFICATE   OF  ELECTION   FOR   DIRECTOR   OF   SUBDISTRICT. 

We  hereby  certify  that  at  the  annual  meeting  of  subdistrict  No ,  of  the 

school  township  of ,  in  the  county  of state 

of  Iowa ,  held  on  the  first  Monday  in  March ,  190 was 

duly  elected  director  of  said  subdistrict. 


190 . .  Judges  of  Election . 


NUMBER  16.— SECTION  2753. 

CERTIFICATE   OF  TAX  VOTED   BY   SUBDISTRICT   MEETING. 

To Secretary  Board  ot  Directors  of  the  School  TovmsMp 

of •• 

I  hereby  certify  that  the  voters  of  subdistrict  No ,  of  tne  school  township 


BLANK   FORMS.  129 

of  in  the  county  of state  of  Iowa,  at  the 

meeting  held ,   190 . . ,  voted  a  tax  of dollars  for  the 

erection  of  a  schoolhouse  in  said  subdistrict. 


190..  Secretary  of  Subdistrict  Meeting, 


NUMBER  17.  -SECTION  2760. 

BOND    OF   SKCRETARY   OR*  TREASURER. 

,  Know  all  Men  by  these  Presents:    That  I ,  ,  as  principal ,  and 

and as  sureties ,    of  the 

in  the  county  of ,  state  of  Iowa,  are 

held  and  firmly  bound  unto  the  ,  in  the  said  county  and 

state ,  in  the  penal  sum  of dollars,  to  be  paid  to  the  said 

for  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our 

heirs,  executors  and  administrators  firmly  by  these  presents. 

The  condition  of  this  obligation  is  that  as of  the 

,  in  the  county  of ,  state  of  Iowa, 

he  will  render  a  true  account  of  his  office  and  of  his  doings  therein  to  the  proper 
authority,  when  required  thereby  or  by  law;  that  he  will  promptly  pay  over  to 
the  officer  or  person  entitled  thereto  all  moneys  which  may  come  into  his  hands  by 
virtue  of  his  office;  that  he  will  promptly  account  for  all  balances  of  money 
remaining  in  his  hands  at  the  termination  of  his  office;  that  he  will  exercise  all 
reasonable  diligence  and  care  in  the  preservation  and  lawful  disposal  of  all 
money,  books,  papers,  securities,  or  other  property  appertaining  to  his  said  office, 
and  deliver  them  to  his  successor,  or  to  any  other  person  authorized  to  receive 
the  same;  and  that  he  will  faithfully  and  impartially,  without  fear,  favor,  fraud 
or  oppression,  discharge  all  duties  now  or  hereafter  required  of  his  office  by  law; 
and  the  sureties  on  such  bond  shall  be  liable  for  all  money  or  public  property 
that  may  come  into  the  hands  of  such  officer  at  any  time  during  his  possession  of 
such  office. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of  ,  190.. 


Principal. 


Sureties. 


State  of  Iowa,         ^ 
county,  i  ^^" 


I , do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port the  constitution  of  the  United  States  and  the  constitution  of  the  state  of  Iowa, 
and  that  I  will  faithfully  and  impartially,  to  the  best  of  my  ability,  discharge  all  the 

duties  of  the  office  of  secretary  (or  treasurer)  of  the in  the  county  of 

,  state  of  Iowa,  as  now  or  hereafter  required  by  law. 


Subscribed  and  sworn  to  before  me  by  the  above  named this 

day  of ,  190.. 

In  testimony  whereof  witness  my  hand  and  official  seal. 


Notary  Public. 
[seal.] 
9 


130 


BLANK   FORMS. 


Statb  of  Iowa, 


county.  J 

I. being  duly  sworn,  depose  and  say 

that  I  am  a  resident  freeholder  of  the  state  of  Iowa,  and  am  worth  the  sum  of 

dollars  beyond  the  sum  of  my  debts , 

and  have  property  liable  to  execution  in  this  state  equal  to  the  sum  of 

dollars. 


Subscribed  and  sworn  to  before  me  by  the  above  named 

this day  of ,  190. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SBAL.] 


Notary  Public, 


NUMBER  18.— SECTION  2762. 

DRAFT  ON  THB  COUNTY  TREASURER. 


190. 


7b ,  County  Treasurer: 

Pay  to ,  treasurer  of  the 

in  the  county  of ,  state  of  Iowa dollars  teachers* 

fund ,  dollars  schoolhouse  fund ,  and dollars  contingent 

fund,  being  the  amount  of  tax  collected  and  due  this   district  for  the   quarter 
ending 190. . ,  as  shown  by  your  notice  of ,  190. . 


Secretary. 


President, 


NUMBER  19.— SECTION  2?62. 

ORDER   ON   DISTRICT  TREASURER. 


7o Treasurer  of  the. 

Pay  to ,  or  order,  . . . 

for 


,  190.. 

dollars  from  the fund, 


Secretary. 


President, 


NUMBER  20.— SECTION  2?62. 

ORDER  REGISTER  OF  SECRETARY  AND  TREASURER. 


1 

DATB. 

IN  WHOSE  FAVOR 
DRAWN. 

FOR   WHAT  PURPOSE. 

o 

n 

a 

&. 

X!  a 
a  s 

U 

1 

April?,  190.. 
April?,  190.. 
April?,  190.. 
May  10,  190.. 
May  14,  190.. 

John  Smith 

A.  J.  Adams 

Joel  B.  Young  .. 
Thomas  Harrison 
Sarah  Johnson  . . 

Teaching  school 

Repairs  on  schoolhouse 
Fuel  

$45.00 

2 

3 

$      5.00 

$5.66 

4 
5 

Erection  of  schoolhouse 
Teaching  school 

*63'.74 

125.00 

BLANK  FORMS. 


131 


NUMBER  21.— SECTION  2764. 

REGISTER  OF  PERSONS  OF  SCHOOL  AGE. 


AGE. 


2-3   . 
«  2  l3 

5   w   >, 


REASON  FOR 
NON-ATTENDANCE. 


PARENT  OR  GUARDIAN. 


Note— Read  section  9  of  chapter  ia8,  page  108. 


NUMBER  22.— SECTION  2766. 


CERTIFICATE   TO   COUNTY   OFFICERS. 


I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the 

held  on  the day  of 190. . ,  the  following  officers  wer* 

elected  and  have  qualified  according  to  law: 

,  to  the  office  of ,  postoffice 

,  to  the  office  of ,  postoffice •• 

,  to  the  office  of ,  postoffice 

,  190..  

Stiretary, 


NUMBER  23. -SECTION  2767. 

CERTIFICATE   OF  TAXES. 

To  the  Board  of  Supervisors  of County: 

I  hereby  certify  that  a  tax  of dollars  has  been  fixed  by 

the  board  of  directors  of  the in  the  county  of , 

•tate  of  Iowa,  for  the  teachers'  fund,  and dollars  for  the  contingent 

fund  as  provided  in  section  2806. 

190 

Secretary, 


NUMBER  24.— SECTIONS  2767  and  2806. 

CERTIFICATE  APPORTIONING  TAXES. 

To  the  Board  of  Supervisors  of County: 

I  hereby  certify  that  a  tax  voted  by  the  voters  of  the  school  township  of 

in  the  county  of state  of  Iowa,  of 

dollars  for  schoolhouse  purposes,  has  been  apportioned  by  the  board  of  directori 
among  the  subdistricts  as  follows: 

Upon  subdistrict  No.  1 dollars. 

Upon  subdistrict  No.  2 dollars. 

Upon  subdistrict  No.  3 dollars. 

Upon  subdistrict  No.  4 dollars. 

Upon  subdistrict  No.  5 dollars. 

190 

Secretary, 


132 


BLANK   FORMS. 


NUMBER  25.— SECTION  2767. 

CERTIFICATE   OF  TAX   VOTED    BY   A   SUBDISTRICT. 

To  the  Board  of  Supervisors  of County; 

I  am  directed  by  the  board  of  directors  of  the  school  township  of 

in  the  county  of ,  state  of  Iowa,  to  certify  that  the  voters  of  sub- 
district  No of  said  township ,  at  a  meeting  held 190 . . ,  voted 

that dollars  be  raised  on  the  property  within  the  subdistrict  for 

schoolhouse  fund. 

190..  

Secretary, 


NUMBER   26.— SECTION   2768. 

treasurer's  ACCOUNT. 


Treasurer,  in  account  with  teachers*  {schoolhouse  or 
contingent)  fund.  Dr. 


Sept. 

28, 

190 

Oct. 
Jan. 
April 
April 

5, 
4. 
5, 
5. 

190 
190 
190 
190 

July      5,  190. 


To  cash  received  of 

tionment 

To  cash  received  of 
To  cash  received  of 
To  cash  received  of 
To  cash  received  of 

lionment 

To  cash  received  of 


county  treasurer, semi-annual  appor- 


county  treasurer,  district  tax 

county  treasurer,  district  tax . . , 

county  treasurer,  district  tax 

county  treasurer, semi-annual  appor- 


county  treasurer,  district  tax. 


$270.00 

75.00 

150.00 

197.00 

135.00 
100.00 


,  Treasurer,  in  account  with  teachers*  fund. 


Cr. 


Oct. 
Oct. 


13,  190. 

13,  190. 
Nov.  14,  190. 
May      3,  190. 


May 
May 
May 


4,  190. 

4,  190. 

5,  190. 


By  cash  paid  James  Hogan,  on  order  No.  1 

By  cash  paid  Sarah  Smith,  on  order  No  3 

By  cash  paid  Nicholas  Hoover,  on  order  No.  4, 
By  cash  paid  Louisa  Martin,  on  order  No.  7.    . 
By  cash  paid  Jas.  M.  Higgins,  on  order  No.  10. 
By  cash  paid  Stephen  Phelps,  on  order  No.  11. 
By  cash  paid  Amelia  Mason,  on  order  No.  13. . . 


$136.00 

89.00 

135.00 

82.00 

115.00 

175.00 

95.00 


To. 


NUMBER   27. -SECTION   2771. 

CERTIFICATE  OF  APPOINTMENT. 


You  are  hereby    notified  that  at  a  meeting   of  the  board  of  directors  of  the 

,  in  the  county  of ,  state  of  Iowa,  on  the 

day  of 190 . . ,  you  were  appointed of  said to  fill 

a  vacancy  occasioned  by  the of 

,190..  

Secretary. 


NUMBER   28.- SECTION  2773. 

DEED  FOR  SCHOOLHOUSE  SITE. 

Know  all  men  by  these  presents:    That  we , ,  and 

, ,  of  the  county  of ,  state  of 

Iowa,  in  consideration  of  the  sum  of dollars  in  hand  paid,  do  hereby  sell 

and  convey  unto  the in  the  county  of state  of 


BLANK   FORMS.  J33 

Iowa,  the  following  described  premises ,  situated  in  the  county  of 

state  of  Iowa,  to- wit:     {Here  describe  the  premises.) 

And  we  do  hereby  covenant  with  the  said that  we  are  lawfully 

seized  of  said  premises;  that  they  are  free  from  incumbrance;  that  we  have  good 
right  and  lawful  authority  to  sell  the  same;  and  wc  do  hereby  covenant  to  warrant 
and  defend  the  title  to  the  said  premises  against  the  Lawful  claims  of  all  persons 
whomsoever. 


Signed  this day  of ,  190.. 

State  of  Iowa,         "J 

county,  j 

On  this day  of ,  190. . ,  before  me,  a  notary  public  in  and  for 

said  county,  personally  came and , 

personally  to  me  known  to  be  the  identical  persons  whose  names   are  affixed   to 
the  above  deed,  for  the  purposes  therein  expressed. 

Witness  my  hand  and  notarial  seal  this day 

[l.  S.]  of 190... 


Notary  Public. 


NUMBER  29.— SECTION   2773. 

LEASE   OF  SCHOOLHOUSE   SITE. 

Know  all  men  by  these  presents:  That of  the  county 

of state  of  Iowa,  for  the  consideration  hereinafter  mentioned,  does 

hereby  release  unto president  of  the  board  of  directors  of 

the ,  in  the  county  of ,  state  of  Iowa,  or  his 

successor  in  office ,  for  the  use  of  said for  school  purposes ,  the 

following  described  premises,  situated  in  the  county  and  state  aforesaid,  to-wit: 
{Here  describe  the  lot  or  parcel  of  ground)  together  with  all  the  privileges  thereto 
belonging ,  for  the  term  of from  the day  of ,  190. . 

The  said president  as  aforesaid,  or  his  successor  in 

office,  hereby  agrees  to  pay  the  said for  the  use  of  said 

premises ,  the rate  of dollars  to  be   paid  at  the 

expiration  of  this  lease. 

In  testimony  whereof   we  have  hereunto  subscribed  our   names   this day 

of ,  190...      . 

Signed  in  duplicate. 


President, 


NUMBER   30.— SECTION   2778. 

CONTRACT  BETWEEN  BOARD  AND  TEACHER. 

This  contract  between ,  a  teacher  of 

.county,   Iowa,  and president 


board  of  directors  of  the ,  in  the  county  of 

,  state  of  Iowa,  witnesseth: 

That  the  said agrees  to  teach  the  public 

school  in of  said  district  for  the  term  of 

weeks,  commencing  on  the day  of ,  1^0. . , 


X34  BLANK   FORMS. 

and  well  and  faithfully  to  perform  the  duties  of  teacher  in  said  school,  according 
to  the  law,  and  the  rules  legally  established  for  the  government  thereof,  including 
the  exercise  of  due  diligence  in  the  preservation  of  the  school  buildings,  grounds, 
furniture,  apparatus  and  other  school  property. 

In  consideration  of  said  services ,  the  said ,  as 

president  of  the  board ,  in  behalf  of  said agrees 

to  pay  the  said the  sum  of dollars 

a  month  for school  months ,  at  the  end  of 

Witness  our  hands  this day  of 190... 


Teacher. 


President. 

NoTB— Any  other  matters  agreed  upon  between  the  board  and  the  teacher  should  be  incorporated 
lo  the  contract. 


NUMBER  31.— SECTION  2779. 

PROPOSALS   FOR   ERECTION    (OR   REPAIR)    OF   SCHOOLHOUSH. 

Notice  is  hereby  given  that  the  proposals  for  the   erection   {or  repair)    of  a 

schoolhouse  in  the in  the  county  of ,  will  be 

received  by  the  undersigned,  at  his  office  in (where  plans 

and  specifications  may  be  seen),  until  1  o'clock  p.  m , ,  190.., 

at  which  time  the  contract  will  be  awarded  to  the  lowest  responsible  bidder.     The 
board  reserves  the  right  to  reject  any  or  all  bids. 

190 

Secretary, 


NUMBER  32.— SECTION  2779. 

CONTRACT  FOR   BUILDING  A  SCHOOLHOUSE. 

Contract  made  and  entered  into  between ,  of  the  county 

of ,  state  of  Iowa,  and in  behalf  of 

the in  the  county  of state  of  Iowa,  and 

his  successors  in  office. 

In  consideration  of  the  sum  of dollars,  to  be  paid  as  herein- 
after specified,  the  said hereby  agrees  to  build  a 

schoolhouse  and  to  furnish  the  material  therefor,  according  to  the  plans  and 
specifications  for  the  erection  of  said  house  hereto  appended ,  at 


in  said The  said  house  is  to  be  built  of  the  best  material  in  a 

substantial,  workmanlike  manaer,  and  to  be  completed  and  delivered  to  the  said 

,  or  his  successors  in  office,  free  from  any  lien  for 

work  done  or  material  furnished,  on  or  before  the day  of 

190. .     And  in  case  the  said  hou  e  is  not  finished  by  the  time  herein  specified,  the 

said shall  forfeit  and  pay  to  the  said 

or  his  successors  in  office,  for  the  use  of  said ,  the  sum  of 

dollars ,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said in  consequence  of  said  failure . 

The  said ,  or  his  successors  in  office ,  in  behalf  of  said 

,  hereby  agrees  to  pay  the  said the  sura 

of dollars  when  the  foundation  of  said  house  is  finished; 


BLANK  FORMS. 


135 


and  the  further  sum  of dollars  when  the  walls  are  up  and  ready 

for  the  roof;  and  the  remaining  sum  of dollars  when  the  said 

house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or 
assigned,  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of  ,  190. . 


Contractor, 
President, 


NUMBER  33.— SECTION   2779. 

BOND  FOR  PERFORMANCB  OF  CONTRACT. 

Know  all  Men  by  these  Presents:    That  we ,  as  principal , 

and and as  sureties,  of  the  county  of 

,  state  of  Iowa,  are  held  and  firmly  bound  unto  tho 

in  the  county  of state  of  Iowa, 

in  the  penal  sum  of dollars,  for  the  payment  of  which ,  well  and 

truly  to  be  made,  we  bind  ourselves,  our  heirs,  administrators  and  assigns, 
jointly,  severally  and  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with , 

as  president  of  the  board  of  directors  of  the ,  in  the  county 

of state  of  Iowa ,  and  his  successors  in  oflBice ,  for  the  erection 

and  completion  of  a  school  house  in  said ,  by  the 

day  of ,  190. . ,  according  to  the  plans  and  specifications  for  the 

construction  of  said  house  appended  to  said  contract. 

Now,  therefore,  if  the  said shall  faithfully  and 

fully  comply  with  all  the  stipulations  of  said  contract,  then  this  obligation  shall  be 
void,  otherwise  remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ..,  190.. 


Principal. 


Sureties, 


NUMBER  34.— SECTION  2785. 

LIST   OP   PARENTS   AND   CHILDREN,    KEPT   BY   DIRECTOR. 


PARENTS  OR 

GUARDIANS. 


John  Smith, 


James  Jones 

Anna  Byron 


NAMES  OF  CHILDREN. 


Peter  Smith 

Eliza  Smith 

William  Jones 

Charles  Peters  (ward) 
James  Byron 


SEX. 


Male  . . . 
Female. 
Male  . . . 
Male  . . . 
Male  . . . 


NOTB.— Read  lection  9  of  chapter  laS,  page 


AGB. 


.a-o 


REASON  FOR 
NON  -  AT- 
TENDANCE. 


10  years. 
12  years. 
8  years. 
IS  years. 
12  years. 


40 
100 

80 
120 


See  below. 


See  below. 


136 


BLANK  FORMS. 


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BLANK   FORMS. 

NUMBER  36.— SECTION  2789. 
teacher's  term  report. 


137 


Register  of  the  school  taught  in  subdistrict  number ,  of  the  school  town- 
ship of in  the  county  of ,  state  of  Iowa,  for  the 

term  commencing  on  the  18th  day  of  May,  190. . ,  and  ending ,  190. . 


attendance  in  days 

FOR   WEEKS   COM- 

BRANCHES  STUDIED. 

MENCING— 

>^ 

PUPILS. 

en 

o 

(U 

o 

00 
1— 1 

^ 

r-i 

00 

a 
a 

1 

a 

u 

be 
o 
Si 
'u 

O 

a 

b£ 

a 

a 

a 

a 

o 
o 

o 

5 

a 
a 

NAME. 

o 

be 
< 

10 

s 

•-5 

1 

0^ 

J3 

< 

o 

a 

<-> 

o 

0} 

a 

* 

1 

Peter  Smith 

4.5 

4 

5 

* 

* 

* 

* 

? 

Eliza  Smith       

12 

4.5 

4.5 

3 

* 

* 

* 

* 

« 

* 

« 

* 

'K 

3 

Will  am   Jones 

8 

* 

•* 

* 

« 

Charles  Peters 

4 

5 

5 

* 

* 

4t 

— 

^ 

- 

— 

* 

4 

15 

5 

5 

5 

^ 

I  hereby  certify  that  the  above  is  a  faithful  and  correct  register  of  said  school, 

Teacher, 


NUMBER  37.— SECTION  2803. 

NOTICE  PERMITTING  ATTENDANCE  FROM    ANOTHER   DISTRICT. 

To .Secretary  of  the  Board  of  Directors  of 


Notice  is  hereby  given  that 

and children  residing  in  the , 

have  been  granted  permission  by  the  board  and  county  superintendent  to  attend 

school  in ,  commencing  on  the 

day  of ,  190..,  for  a  term  of months. 

,  190..  

President. 


Secretary. 


138  BLANK   FORMS. 

NUMBER  38.— SECTION  2808. 

notice  of  semi-annual  apportionment. 

Office  of  County  Treasurer, 

190 

To President  of  the 


\ 


You  are  hereby  notified  that  according  to  the  semi-annual  apportionment  made 

this  day  by  the  county  auditor,  as  provided  by  section  2808,  the  sum  of 

dollars  is  due  the ,  in  the  county  of ,  state  of  Iowa. 

County  Treasurer, 


NUMBER  39. -SECTION  2809. 
certificate  of  election  of  county  superintendent. 

Office  of  County  Auditor, 
190. 


} 


I  hereby  certify  that was  elected  to  the  office  of  county 

iuperintendent,  for  the  term  commencing  January 190. . 

His  postoffice  address  is Iowa. 

County  Auditor, 


NUMBER   40. -SECTION  2809. 
certificate  of  qualification  of  county  superintendent. 

Office  of  County  Auditor, 
.190 


\ 


I  hereby  certify  that has  duly  qualified  for  the 

office  of  county  superintendent  for  the  term  commencing  January 190. . 

His  postoffice  address  is ,  Iowa. 


County  Auditor, 


NUMBER  41.— SECTION  2810. 

MOTICB  of  SCHOOL  TAX  COLLECTED. 

Office  of  County  Treasurer, 


J 


,   190. 

To ,  President  of  the  Board  of  Directors  of  th§ 


You  are  hereby  notified  that  the  amount  now  collected  and  due  the. 

,  in county,  state  of  Iowa,  is: 

$ teachers'  fund. 

$ schoolhouse  fund. 

$ contingent  fund. 


County  Treasurer, 


jilb- 


BLANK  FORMS. 


139 


NUMBER   42.— SECTION  281S, 

APPLICATION   FOR  APPOINTMENT   OF   REFEREES. 

To Superintendent  of County: 

In  accordance  with  the  action  of  the  board  of  directors  of  the 

you  are  hereby  requested  to  appoint  three 

disinterested  persons  to  inspect,  and  assess  the  damages  which  the  owner  will 
sustain  by  appropriating  for  school  purposes,  the  following  described  real  estate: 


190 

President, 

Secretary, 


NUMBER  43.— SECTION   2815. 

APPOINTMENT   OF   REFEREES. 

To and 

You  are  hereby  appointed  and  constituted  a  board  of  referees,  under  the  pro- 
visions of  section  2815,  to  assess  the  damages  which  the  owner  will  sustain  by 
the  appropriation   for  school   purposes,  of  the   following   described  real  estate: 


in ,  in  the  county  of state  of 

Iowa,  containing  one  acre  of  land,  exclusive  of  highway. 

You  will  therefore,  on  the day  of ,  190, . 

at o'clock. . . . m , ,  proceed  to  examine  the  real  estate  above  described,  and 

assess,  under  oath,  the  cash  damages  which  the  owner  will  sustain  by  the  appro- 
priation of  said  land  for  school  purposes,  and  immediately  thereafter  report  to  me 
in  writing  the  amount  of  said  damages. 

190 

County  Superintendent, 

OATH   OF   REFEREES. 

We, ,   and 

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best^  of  our  ability  per- 
form all  the  duties  imposed  upon  us  by  the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by 

and ,  this day  of 190. 


Notary  Public, 


140  BLANK   FORMS. 

NUMBER  4t.— SECTION  2815. 

NOTICE   TO   OWNER   OF  REAL   ESTATE. 

To _ _ ,  county: 

You  are  hereby  notified  that  I  have  this  day  appointed  referees  to  assess  the 
damag^es  which  the  owner  will  sustain  by  the  appropriation  for  school  purposes  of 
the  following  described  real  estate 


Said  referees  will  meet  at  the  above  described  real  estate  on  the    day  of 

,  190 ,  at o'clock m.,  and  assess  said  damages  as 

provided  by  law. 

.,  190....  

County  Superintendent, 


NUMBER   45.— SECTION    2815. 

REPORT  OF   REFEREES. 

To ,  Superintendent  of. county: 

We,  the  undersigfned ,  appointed  to  assess  the  damages  which  the  owner  will 
sustain  by  the  appropriation  for  school  purposes,  of  the  following  described  real 
estate _ _ 


do  hereby  report  that  we  have  on  this day  of ,  190.... 

carefully  examined  said  described  real  estate  and  have  assessed  the  damages  at 

dollars . 

„ 190... 


Referees . 


NUMBER   46.— SECTION   2815. 

NOTICE  OF  ASSESSMENT  OF  DAMAGES. 

7o..- _ ,  ~ county: 

You  are  hereby  notified  that  referees  were  appointed  to  assess  the  damages 
which  the  owner  would  sustain  by  the  appropriation  for  school  purposes  of  the 
following  described  real  estate — — 


and  that  said  referees  met  at  said  premises  on  the day  of 

190...,  and  assessed  said  damages  at dollars,  as  shown  by  their  report 

orn  file  in  my  office. 

County  Superintendent, 


m 


BLANK   FORMS.  i^^ 


NUMBER  47.-SECTION  2818. 
affidavit  of  appeal. 
State  of  Iowa, 


.county 


jss, 


V 

School  Township  of 


I, - ,  being  duly  sworn,  on  oath,  say:  That  on 

the day  of ,  190....,  the  board  of  directors  of  said 

school  township  rendered  a  decision  (or  made  an  order)  whereby  {/t^re  state  facts 
showing  affianVs  interest  in  the  decision ,  and  the  injury  to  that  interest);  that  said 
board  in  rendering  the  decision  (or  making  the  order)  aforesaid,  committed  errors 
as  follows.     {Here  state  the  errors  charged. ) 


Subscribed  and  sworn  to  by.... „ before  me,  this day 

of ,  190... 


Notary  Public. 


NUMBER  48.— SECTION  2819. 

NOTICK   OF  APPEAL. 


State  of  Iowa,  ") 


.County. 


School  Township  of ) 

To    ,  Secretary  Board  of  Directors  of  the  School 

Township  of 

You  are  hereby  notified  that _ has  filed  in  my  office  an  affidavit 

alleging  that  said  board  of  directors,  on  the day  of ,  190.... 

made  a  decision  {or  an  order)  whereby  {here  describe  the  decision  or  order  so  that 
the  secretary  may  identify  it) ,  and  claiming  an  appeal  therefrom .  You  are  there- 
fore required  within  ten  days  after  receiving  this  notice,  to  file  in  my  office  a  com- 
plete transcript  of  the  record  of  the  proceedings  of  the  board  relating  to  said  order, 
together  with  copies  of  all  papers  filed  with  you  pertaining  to  said  action  appealed 
from. 

^ ,  190...  

County  Superintendent, 


NUMBER  49.— SECTION   2819. 

CERTIFICATE  TO    SECRETARY'S  TRANSCRIPT. 

I,  ,  secretary  of  the  board  of  directors  of  the  school 

township  of ,  in  the  county  of ,  state  of 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript  of  the 
record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating  to  the  case 

V 

,  190...  , 

Secretary. 


142  BLANK   FORMS. 

NUMBER   50.— SECTION   2819. 

notice  of  hearing  of  appeal. 

State  of  Iowa, 
«-. - county 


V. 

School  Township  of. 
Jo 


>ss. 


You  are  hereby  notified  that  there  is  on  file  in  this  ofl&ce  a  transcript  of  the  pro- 
ceedings of  the  board  of  directors  of  the  school  township  of „ 

at  a  meeting  held  on  the , day  of _ ,  190....,  in  relation  to 

{here  describe  the  decision  or  order  appealed  from) ,  from  which  appeal  has  been 

Uken;  and  that  the  said  appeal  will  be  heard  before  me  at on  the 

day  of - „,  190...,  at o'clock m. 

County  Superintendent. 

NUMBER   51.— SECTION    2820. 

certificate  to  county  superintendent's  transcript. 

I ,  superintendent  of _ .„ 

tounty,  state  of  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete 
transcript  of  the  records  of  all  proceedings  had ,  testimony  given  and  papers  filed 

in  my  office,  and  my  rulings  thereon,  also  of  my  decision  in  the  case 

V 

190..  

County  Supeiittendent. 


NUMBER  52. -SECTION  2824. 

BOND  FOR  SALE  OF  BOOKS  AND   SUPPLIES. 

Know  all  Men  by  these  Presents: 

That  we,  of  the  county  of 


as  principal,  and and ,  as  sureties 

are  held  and  firmly  bound  unto  the in  the  county  of state  of 

Iowa,  in  the  penal  sum  of dollars,  for  the  payment  of  which  we 

bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these  presents. 

The  Condition  of  the  Foregoing  Obligation  is,  That,  whereas,  the  above  named 

,  is  to  take  charge  of,  care  for,  and  account  for 

all  text-books  and  supplies,  and  to  return  all  moneys  received  from  the  sale  of  such 
books  and  supplies  to   the   contingent   fund   of  said    district;    now,  if  the  said 

_ shall  promptly  pay  over  to  the  treasurer  of  the  district 

all  money  which  may  come  into  his  hands  from  the  sale  of  books  and  supplies, 
and  shall  account  in  full  at  any  time  for  all  books  and  supplies  coming  into  his 
hands,  and  shall  deliver  to  any  person  or  officer  authorized  to  receive  the  same,  all 
books  and  supplies  unsold,  and  make  full  settlement  as  required  by  law,  then  this 
bond  to  be  void,  otherwise  in  full  force. 

Signed  this day  of ,  190 


m 


Principal, 
Sureties, 


BLANK   FORMS.  143 

NUMBER  53.— SECTION  2828. 

NOTICE  TO  PUBLISHERS  OF  TEXT-BOOKS. 

Notice  is  hereby  given  that  in  accordance  with  law,  bids  will  be  received  up  to 

of  the day  of ,  190..., 

by at for  the  following 

text-books  and  supplies  for  the  use  of  the  schools  of  said 

Approximate  Number  Needed  for  First  Supply 

Readers,  First  to  Fifth,  inclusive 

Arithmetics,  two  books •. 

Speller > 

Geographies,  two  books 

United  States  History 

Grammar 

Language  Lessons 

Copy  books,  1-5  inclusive  „ „ 

Physiology ~ 


Approximate  number  in  attendance  upon  the  schools  of  said 

^ during  the  year  190 

Samples  of  all  text-books  included  in  any  bid  must  be  deposited  and  remain  in 
the  ofl&ce  of  the  county  superintendent. 

The  board  reserves  the  right  to  reject  any  or  all  bids,  or  any  part  thereof. 

President. 

Secretary, 

_ ,  190... 


NUMBER  54.— SECTION  2830. 

BOND  OF  CONTRACTOR  TO  FURNISH  TEXT- BOOKS. 

Know  all  Men  by  these  Presents:    That  we, ^of 

,  as  principal,  and ~ 

„ ,  as  sureties,  are  held  and  firmly  bound  unto  the 

in  the  penal  sum  of 

dollars  to  be  paid  to  the  said - for  which  pay- 
ment well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents. 

The  conditions  of   the  above  obligation  are  such  that  if  the   above  bounden 

shall  well  and  truly  fulfill  and  comply 

with  all  the  obligations  of  their  contract  made  on  the day 

of 190....,  with  the  aforesaid 

providing  for  the  furnishing  of  school  text-books  at  prices  and  on  conditions  set 
forth  in  their  said  contract,  a  copy  of  which  said  contract  is  hereto  attached  and 
made  a  part  hereof,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full 
force  and  effect. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this ~ 

day  of-.._ ,  190.... 


Principal. 
Sureties. 


144  BLANK   FORMS. 

NUMBER  55.— SECTION  2831. 

PETITION  FOR   COUNTY   UNIFORMITY. 

To County  Superintendent: 

We,  the  undersigned,  holding  the  office  of  school  director,  ask  for  the  adoption 
of  a  uniform  series  of  tert-books  in  the  schools  of  this  county,  and  that  you  take 
steps  to  submit  the  question  to  the  electors  of  the  county,  at  the  annual  school 
meeting  in  March,  as  provided  for  by  law. 


NAMES. 


DISTRICT   NAME. 


TOWNSHIP. 


,    190... 


NUMBER  56.— SECTION  2831. 

PROPOSITION  AND  BALLOT  FOR  COUNTY  UNIFORMITY. 

Shall  there  be  a  uniform  series  of  school  text  books  in » county, 

Iowa?    Write  yes  or  no  in  the  square  to  the  right.  f"n 


NUMBER  57. -SECTION  2758. 

OATH  OF  PRESIDENT  OR  DIRECTOR. 


StaIte  of  Iowa, 


County.   I  ^^• 

I, - ,  do  solemnly  swear  (or  affirm),  that  I  will  support 

the  constitution  of  the  United  States,  and  the  constitution  of  the  state  of  Iowa, 

and  that  I  will  faithfully  discharge  the  duties  of as  now  of 

hereafter  required  by  law. 

Sworn  to  before  me  and  su.bscribed  in  my  presence  by  the  said « .^ — , 

this day  of A.  D.  190.... 


NUMBER  58,  CHAPTER  110,  PAGE  103. 

ORDER  FOR   LIBRARY  BOOKS. 

To  the  city  of. state  of. ^ 

I  have  been  authorized  to  order  the  following  books  for  the  school  library  it 

the district  (No ),  of ,  township  of  ....„ ^ 

county  of ,  state  of  Iowa. 


BLANK    FORMS. 

Enclosed  find  moiiey  order  or  bank  draft  for  $ 
same. 


145 
.,  in  full  payment  of  the 


No.  Copies                                                 T^TTTir 
Wanted.                                               TITLE. 

Catalogue 
Number. 

Net  Price. 

$ 

Cts. 





8^*Always  fill  out  this  blank  carefully  and  plainly; 


Ship  via 

To 

R.  R. 

Signed 

Secretarj^ 

R.  R.  Station 

County  

P.  O.  Address 

County 

State 



State 



190... 

NUMBER  59. -CHAPTER  128,  PAGE  1C6. 

NOTICE  TO  PRINCIPAL  OF   PRIVATE  OR   PAROCHIAL  SCHOOL. 

Office  of  Secretary,  Board  of  Directors  of  the district 

(No ),  township  of ,  county  of ,  state  of 

Iowa. 


190. 


To 


Principal  of.. 


As  provided  in  section  2,  chapter  128,  acts  of  the  Twenty-ninth  Genera) 
Assembly,  within  ten  days  from  the  receipt  of  this  notice,  you  will  please  make  a 
certified  report  to  this  office  giving  the  names,  ages,  and  days  of  attendance  of 

all  pupils  in  your  school  for  the  preceding  year,  beginning and 

ending 

- ,  Si  cteiary 

— ,  P.  O. 


NUMBER  60.— CHAPTER  128,  PAGE  106. 

NOTICE   TO   ANY   PERSON   HAVING   CONTROL   OF   CHILD,    FROM    SEVEN   TO   FOURTEEN 
YEARS   OF  AGE,   UNDER  PRIVATE  INSTRUCTION. 

Office  of  Secretary,  Board  of  Directors  of  the district 

(No )  township  of ,  county  of state  of 

Iowa. 

190.... 

To 

„ Iowa'. 

As  provided   in   section  2,  chapter  128,    acts    of  the   Twenty-ninth   General 
Assembly,  within  ten  days  from  the  receipt  of  this  notice,  you  will  please  make  a 
10 


146 


BLANK  FORMS. 


certified  report  to  this  office  stating  the  name  and  age  of  the  child under  your 

control  now  receiving  private  instruction,  and  the  period  of  time  during  which 

said  child  ha been  under  such   private  instruction  within  the  preceding 

year  beginning _ 190...  and  ending 190.... 

~ Secretary. 

P.  O. 


NUMBER   61.— CHAPTER  128,  PAGE   106. 

REPORT  OF  PRINCIPAL  OF  PRIVATE    OR  PAROCHIAL  SCHOOL  TO  THE    SECRETARY  OF 
THE  SCHOOL  CORPORATION. 


.190.... 


To ,  Secretary  of  the  Board  of  Directors  of. 

District  {No ),  township  of ,  county  of. .state  of  Iowa: 

I  hereby  certify  that  the  following  is  a  true  and  correct  report  of  the  names, 

ages,  and  attendance  of  all  pupils  enrolled  in school 

during  the  preceding  year  beginning 190....,  and  ending 

_ 190 


Principal. 


NAMES  OF  PUPILS. 

Age. 

Days  in 
Attendance. 

NAMB  OF  PARENT  OR 
GUARDIAN. 

Residence  of  Parent 
or  Guardian. 



■***"*"" 

NUMBER 62. —CHAPTER  128,  PAGE  106. 

REPORT  CONCERNING  ANY  PUPIL  UNDER  PRIVATE  INSTRUCTION. 


,   190.. 


To ,  Secretary  of  tke  Board  of  Directors  of - 

District  {No ),  township  of ,  county  of. ,  state  of  Iowa: 

I  hereby  certify  that ,  a  child years  of  age 

and  under  my  control  has  been  under  regular  private  instruction  for  a  period  of 

_ days  during  the  preceding  year,  beginning and 

•ading - 

ZZ..Z1 P.  O, 


\ 


BLANK   FORMS.  5^47 

NUMBER  63.— CHAPTER  128,  PAGE  106. 

KJttPORT  BY  TBAC.rERS,  COUNTY  SUPERINTENDENTS,  SCHOOL  OFFICERS,  0» 
EMPLOYES,  TO  lUE  SECRETARY  OF  THE  SCHOOL  CORPORATION  CONCERNING 
VIOLATIONS   OF   TH>C  LAW   FOR   COMPULSORY   EDUCATION. 

'. 190... 

To Secretary  of  the  Board  of  Directors  of _ 

District  {No )  township  of county  of ..^ iiate  of  Iowa; 

I  hereby  certify  that  I  have  reason  to  believe  that and , 

children  between  the  ages  of  seven  and  fourteen  years  are  not  attending  school  aa 

required  by  the  provisions  of  chapter  128,   acts  of    th«  Twenty-ninth  General 

Assembly  providing  for  compulsory  education. 


148  BLANK  FORMS. 

INDEX  TO  FORMS 


NO.  PAGE. 

Teacher's  Certificate 1  123 

Teacher's  Certificate  for  Two  Years 2  124 

Certificate  for  Special  Branches 3  124 

Revocation  of  Teacher's  Certificate 4  125 

Application  for  Teachers'  Normal  Institute 5  125 

Monthly  Report  of  Examination  Fees,  Institute  Fund 6  125 

Report  of  Registration  Fees,  Institute  Fund 7  126 

Receipt  for  Institute  Fund 8  126 

Order  on  Institute  Fund 9  126 

Notice  of  Annual  Meeting 10  126 

Proceedings  of  Annual  Meeting 11  ]27 

Certificate  of  Election 12  •  127 

Notice  of  Subdistrict  Meeting 13  128 

Proceedings  of  Annual  Subdistrict  Meeting 14  128 

Certificate  of  Election  of  Director  of  Subdistrict ^  15  128 

Certificate  of  Tax  Voted  by  Subdistrict  Meeting 16  128 

Bond  of  Secretary  or  Treasurer 17  129 

Draft  on  County  Treasurer 18  130 

Order  on  District  Treasurer 19  130 

Order  Register  of  Secretary  and  Treasurer 20  130 

Register  of  Persons  of  School  Age 21  131 

Certificate  to  County  Officers 22  131 

Certificate  of  Tax 23  131 

Certificate  Apportioning  Tax 24  131 

Certificate  of  Tax  Voted  by  a  Subdistrict 25  132 

Treasurer's  Account 26  132 

Certificate  of  Appointment 27  132 

Deed  for  Schoolhouse  Site 28  132 

Lease  of   Schoolhouse  Site 29  133 

Contract  Between  Board  and  Teacher 30  133 

Proposals  for  Erection  or  Repair  of  Schoolhouse 31  134 

Contract  for  Building  Schoolhouse 32  134 

Bond  for  Performance  of  Contract 33  135 

List  of  Parents  and  Children,  kept  by  Director 34  135 

Teacher's  Daily  Register ^ 35  136 

Teacher's  Term  Report 36  137 

Notice  Permitting  Attendance  from  Another  District 37  137 

Notice  of  Semi-annual  Apportionment 38  138 

Certificate  of  Election  of  County  Superintendent  39  138 

Certificate  of  Qualification  of  County  Superintendent  40  138 

Notice  of  School  Tax  Collected 41  138 

Application  for  Appointment  of  Referees 42  139 

Appointment  of  Referees 43  139 

Notice  to  Owner  of  Real  Estate _ 44  140 

Report  of  Referees 45  140 

Notice  of  Assessment  of  Damages 46  140 

Affidavit  of  Appeal 47  141 

Notice  of  Appeal 48  141 

Certificate  to  Secretary's  Transcript 49  141 

Notice  of  Hearing  of  Appeal 50  142 

Certificate  to  County  Superintendent's  Transcript 51  142 

Bond  for  Sale  of  Books  and  Supplies 52  142 

Notice  to  Publishers  of  Text-books 53  143 

Bond  of  Contractor  to  Furnish  Text-books 54  143 

Petition  for  County  Uniformity 55  144 

Proposition  and  Ballot  for  County  Uniformity 56  144 

Oath  of  President  or  Director 57  144 

Order  for  Library  Books 58  144 

Notice  to  Principal  of  Private  or  Pafochial  School 59  145 

Notice  About  Child  Under  Private  Instruction 60  145 

Report  of  Principal  to  Secretary  of  Board 61  146 

Report  Concerning  Child  Under  Private   Instruction 62  146 

Report  Concerning  Violations  of  Compulsory  Law 63  147 


INDEX.  149 


INDEX  TO  LAWS. 


Accounts,  by  board  educational  examiners,  2633;  by  trustees  normal  school,  2680; 
by  county  high  school,  2729;  of  applicants  examined.  2736;  of  institute  fund, 
2738;  kept  by  secretary,  2761;  kept  by  treasurer,  2768;  audited  by  board,  2780; 
for  attendance,  certified  to  county  auditor,  2803;  kept  by  county  auditor,  2808; 
of  bonds  sold,  kept  by  treasurer,  2812;  kept  by  county  board  of  education, 
2833. 

ACRH,  site  taken  by  condemnation  may  not  exceed,  2814. 

Adjournment,  less  number  of  board  than  quorum  may  adjourn,  2771. 

Advertisement,  proposals  to  build  of  $300  and  over,  must  be  invited  by,  2779; 
before  text-books  are  adopted,  2828. 

Affidavit,  of  appeal,  of  what  it  consists,  2818;  is  basis  of  appeal,  2818;  must  be 
filed  within  thirty  days,  2818;  shall  set  forth  error  complained  of  in  a  plain  and 
concise  manner,  2818. 

Age,  of  voter  at  school  meeting,  2748;  for  enumeration,  2764;  for  free  attendance, 
2773;  of  scholars  in  attendance  kept,  2789;  of  scholar,  2804;  of  persons  when 
compelled  to  attend  school,  p.  106. 

Agricultural  College,  see  State  College  of  Agriculture  and  Mechanic  Arts. 

Alcoholic  drinks  and  narcotics,  eflEects  of,  taught  in  normal  school,  2677; 
examination  for  teacher  must  include,  2736;  certificate  of  teacher  failing  or 
neglecting  to  teach  effects  of,  must  be  revoked ,  2737;  county  superintendent 
must  report  manner  and  extent  of  instruction  in  effects  of,  2739;  law  with 
regard  to  teaching  effects  of,  must  be  enforced,  2740;  instruction  as  to  effects 
of,  must  be  given  all  scholars,  2775. 

Annual  meeting,  held  second  Monday  in  March,  2746;  officers  of,  2746;  voters 
at,  2747;  powers  of,  2749;  voting  at,  must  be  by  ballot,  2749;  in  independent 
districts,  2754;  notice  of,  2763;  vote  of,  must  be  executed  by  board,  2778;  state- 
ment of  receipts  and  expenditures  to  be  presented  at,  by  board,  2780;  vote  tax 
to  pay  judgment  indebtedness,  2811;  may  authorize  change  of  text-books,  2829; 
may  vote  free  text-books,  2836;  may  discontinue  loaning  of  text-books,  2837. 

Apparatus,  value  of,  reported  to  governor,  2625;  amount  expended  for,  in  county 
high  school  reported,  2731 ;  value  of,  reported  by  secretary,  2765;  may  be 
purchased  with  contingent  fund,  2783. 

Appeal,  from  decision  by  county  superintendent,  2623;  who  may  take,  2818;  affi- 
davit is  basis  of,  2818;  county  superintendent  to  notify  secretary,  2819;  secre- 
tary to  send  up  transcript,  2819;  time  of  hearing  fixed,  2819;  interested  persons 
notified,  2819;  testimony  heard  and  decision  rendered,  2819;  decision  final  un- 
less appealed  from,  2819;  to  superintendent  public  instruction;  2820;  judgment 
for  money  not  to  be  rendered,  2820;  county  superintendent  issues  subpoenas, 
2821;  compels  attendance  of  witnesses,  2821;  compensation  to  witnesses  in, 
2821;  costs  of,  may  be  paid,  2821;  transcript  of  costs  filed  with  clerk  of  court, 
2821. 


150  INDEX. 

Appointment,  of  deputy,  by  superintendent  public  instruction,  2621;  of  teachers' 
normal  institute,  2622;  of  two  members  board  educational  examiners,  by  gov- 
ernor, 2628;  of  assistant  examiners,  2629;  to  fill  vacancies  in  trustees  county 
high  school,  2729;  of  deputy,  by  county  superintendent,  2734;  of  assistants  at 
examination,  2735;  of  judges  of  election  at  annual  meeting,  2746;  qualifica- 
tions of  person  for.  as  school  officer  or  member  of  board,  2748;  of  chairman 
and  secretary  for  subdistrict  meeting,  2751;  of  judges  of  election  in  districts  of 
5,000  or  over,  divided  into  election  precincts,  2756;  no  teacher  or  other  employe 
of  the  board  eligible  as  secretary  in  independent  districts,  2757;  by  board  to  fill 
vacancy  in  its  membership,  2758;  to  fill  vacancies,  must  be  by  ballot,  2771;  of 
temporary  president  or  secretary ,  2772 . 

Apportionment,  see  Semi-annual  Apportionment. 

Appraisers,  see  Referees. 

Arbitrators,  when  boards  cannot  agree  on  division  of  assets  and  liabilities,  may 
be  selected,  2802;  decision  of,  made  in  writing,  2802;  appeal  from  decision  of 
to  district  court,  2802. 

Assets  and  liabilities,  boards  shall  make  equitable  division  of,  2802. 

Attendance,  at  normal  school,  2676;  at  county  high  school,  2733;  school  for, 
determined  by  board,  2773;  every  school  free  to  actual  residents,  2773;  in  other 
districts,  2774;  expenses  of  transportation  paid,  2774;  register  of,  2789;  in 
another  district,  2803;  age  for,  2804;  of  nonresidents,  2804;  compulsory,  p.  106. 

Auditor,  see  County  Auditor. 

Auditor  of  state,  issues  warrant  for  subscription  to  educational  school  paper, 
2624;  receives  report  of  enumeration  from  superintendent  public  instruction, 
2625;  issues  warrant  for  each  institute,  2626;  issues  warrant  for  salaries  and 
expenses,  2627;  issues  warrants  for  compensation  board  educational  examiners, 
2634;  issues  warrants  for  compensation  officers  board  trustees  normal  school, 
2681. 

Ballot,  director  for  subdistrict  elected  by,  2751;  directors  elected  by,  2754;  elec- 
tion in  districts  of  5,000  or  more  divided  into  precincts,  must  be  by,  2755;  offi- 
cers of  board  elected  by,  2757;  vacancies  among  officers  or  members  of  board, 
filled  by,  2771;  vote  on  formation  of  independent  school  district  taken  by,  2794; 
vote  for  rural  independent  school  district  organization  taken  by,  2797;  vote  to 
unite  independent  districts,  taken  by,  2799;  vote  to  unite  rural  independent 
school  districts  into  school  townships  taken  by,  2800;  vote  to  authorize  free 
text-books  taken  by,  2837. 

Ballot  box,  provided  for  each  precinct  in  independent  school  districts  of  5,000 
and  over,  divided  into  election  precincts,  2756. 

Barbed  wire,  county  superintendent  shall  see  that  provisions  relating  to  use  of, 
are  observed  and  enforced,  2740;  shall  not  be  used  to  inclose  school  building 
or  grounds,  2817;  not  used  within  ten  feet  of  school  house  site,  2817;  penalty 
for  use  of,  2817. 

Bequests,  may  be  accepted  by  school  corporations,  p.  101. 

Bible,  shall  not  be  excluded  from  any  school,  2805;  no  child  required  to  read, 
contrary  to  wishes  of  parent  or  guardian,  2805. 

Blind  persons,  of  school  age,  reported  to  College  for  the  Blind,  2739;  of  school 
age,  reported  to  county  superintendent,  2765. 

Board  of  directors,  county  superintendent  not  to  be  a  member  of,  2734;  term 
of,  2745;  qualifications  for  member  of,  2748;  number  of,  in  school  townships, 
2752;  number  of,  in  independent  districts,  2754;  election  of,  in  school  town- 
ships, 2751-2752;  election  of,  in  independent  districts,  2754-2756;  meetings  of. 


INDEX.  151 

2757;  election  of  officers,  2757;  qualification  of  members,  2758;  vacancy  in,  filled 
by  appointment,  2758;  president  of,  duties  of,  2759;  may  employ  counsel,  2759; 
secretary  and  treasurer  each  gives  bonds,  2760;  bonds  to  be  filed  with  presi- 
dent, 2760;  secretary,  duties  of,  2761-2767;  proceedings  of,  to  be  recorded  by 
secretary,  2761;  treasurer,  duties  of,  2768-2769;  quorum  of,  2771;  vacancies  in, 
filled  by  ballot,  2771;  appoints  temporary  president  or  secretary,  2772;  pre- 
scribes course  of  study,  2772;  makes  rules  and  regulations,  2772;  requires  per- 
formance of  duty,  2772;  fixes  site  for  schoolhouse,  2773;  determines  number  of 
schools,  2773;  determines  particular  school  each  child  shall  attend,  2773;  des- 
ignates period  each  school  shall  be  held  beyond  the  time  required  by  law, 
2773;  may  rent  room  and  employ  teacher  for  any  ten  scholars,  2774;  may  con- 
tract for  instruction  in  other  districts,  2774;  may  pay  transportation  of  chil- 
dren, 2774;  shall  require  teachers  to  give  and  scholars  to  receive  instruction, 
in  effects  of  stimulants,  2775;  may  establish  graded  or  union  schools,  2776; 
may  select  person  to  have  general  supervision  of  schools,  2776;  shall  carry  into 
effect  instructions  from  annual  meeting,  2778;  shall  elect  teachers  and  make 
contracts,  2778;  shall  consult  county  superintendent  before  building  school- 
house,  2779;  if  amount  exceeds  $300,  shall  advertise  before  contracting,  2779; 
shall  audit  all  claims,  2780;  shall  make  settlement  with  treasurer,  2780;  shall 
present  statement  of  annual  receipts  and  expenditures,  2780;  fixes  compensa- 
tion of  secretary  and  treasurer,  2780;  no  member  of,  may  receive  compensa- 
tion, 2780;  provides  for  visiting  schools,  2782;  may  discharge  teacher  for 
cause,  2782;  may  expel  scholar,  2782;  mayreadmit  scholar,  2782;  may  empower 
teacher  to  dismiss  scholar  temporarily,  2782;  may  insure  school  property, 
2783;  may  purchase  dictionaries,  library  books,  and  apparatus,  2783;  may 
furnish  text-books  to  indigent  children,  2783;  may  loan  text-books  to  schol- 
ars, 2783;  shall  give  special  attention  to  matter  of  water-closets,  2784;  shall 
limit  director  of  subdistrict  in  contracting,  2785;  may  hold  an  industrial 
exposition,  2786;  shall  have  shade  trees  set  out,  2787;  shall  not  pay  person  for 
teaching  without  certificate,  2788;  how  chosen,  when  new  civil  township  is 
formed,  2790;  may  consent  to  attach  territory,  2791;  territory  restored  by  con- 
current consent  of,  2792;  territory  restored  by  consent  of,  and  county  superin- 
tendent, 2792;  may  establish  boundaries  of  contemplated  independent  school 
district,  2794;  shall  give  notice  of  election  of  directors,  2795;  may  change 
boundaries  of  subdistricts  by  majority  vote  of,  2801;  shall  divide  assets  and 
liabilities,  2802;  in  case  of  disagreement,  arbitrators  shall  be  appointed,  2802; 
may  agree  upon  terms  of  attendance,  2803;  fixes  terms  for  attendance  of  non- 
residents, 2h04;  may  not  exclude  bible  from  school,  2805;  shall  estimate  taxes, 
2806;  shall  pay  judgment  out  of  proper  fund,  2811;  shall  certify  tax  to  pay 
iudgment,  2811;  may  issue  bonds  to  pay  judgment  indebtedness,  2812;  may 
issue  bonds  to  pay  bonds  maturing,  2812;  shall  provide  tax  to  pay  bonds  or 
interest  due,  2813;  may  take  schoolhouse  sites,  2814;  shall  deposit  amount  of 
referees'  assessment,  2815;  shall  pay  costs  of  referees'  assessment,  2815;  may 
not  use  barbed  wire  to  inclose  schoolhouse  grounds,  2817;  may  adopt  and 
purchase  text-books,  2824;  may  select  person  to  keep  books  and  supplies  for 
sale,  2824;  must  advertise  for  bids  before  adopting  text-books,  2828;  shall 
arrange  for  free  text-books  when  voted,  2837. 

Board  OF  DIRECTORS,  of  independent  school  district,  term  of,  2745;  election  of, 
2754-2756;  may  establish  kindergarten  departments,  2777;  for  new  district, 
2/95;  certifies  taxes  for  new  district,  2796;  may  subdivide  district,  2798;  may 
unite  districts,  2799;  may  issue  bonds,  2812;  shall  certify  tax  to  pay  bonds  or 
interest  due,  2813;  may  issue  school  funding  bonds,  2812. 

Board  of  directors,  of  rural  independent  school  district,  term  of,  2754;  election 
of,  2754;  changes  boundaries,  2793;  for  new  district,  2797;  may  subdivide  dis- 


152  INDEX. 

trict,  2798;  may  unite  districts ,  2799;  may  unite  districts  into  school  township , 
2800. 
Board  of  directors,  of  school  township,  term  of,  2745;  number  of,  2752;  elec- 
tion of,  2751-2752;  may  instruct  directors,  2785;  may  divide  school  township 
into  subdistricts,  2801;  must  apportion  schoolhouse  tax  among  subdistricts , 
2806. 

Board  of  educational  examiners,  of  whom  consists,  2628;  superintendent 
public  instruction  president,  2628;  shall  hold  at  least  two  examinations  annu- 
ally, 2629;  adopts  rules  and  regulations,  2629;  keeps  record  of  proceedings, 
2629;  may  issue  state  certificates  and  state  diplomas,  2629;  may  grant  special 
certificates,  2630;  to  primary  school  teachers,  2630;  keeps  complete  register 
of  persons  to  whom  certificates  or  diplomas  are  issued,  2630;  may  revoke  cer- 
tificate or  diploma,  2631;  shall  require  fee  for  examination,  2631;  shall  pay  all 
moneys  into  state  treasury,  2631;  certificate  or  diploma  must  be  registered, 
2632;  shall  keep  a  detailed  account  of  moneys  received  and  expended,  and 
publish  such  account,  2633;  compensation  of  members,  2634;  compensation 
of  assistants,  2634;  must  prepare  list  of  library  books,  p.  104;  inspect  accred- 
ited schools,  p.  105;  must  visit  accredited  schools,  p.  105;  shall  examine  grad- 
uates of  accredited  schools ,  p .  105 . 

Board  of  Supervisors,  may  submit  question  of  establishing  county  high  school, 
2728;  appoints  trustees  county  high  school,  2728;  may  fill  vacancies  ia  trustees 
of  county  high  school,  2729;  requires  bond  of  trustees,  2729;  shall  levy  tax  to 
build,  2731;  county  superintendent  not  to  be  a  member  of,  2734;  shall  provide 
room  at  county  seat  for  county  superintendent,  2735;  may  appropriate  addi- 
tional funds  for  support  o^  institute,  2738;  may  allow  county  superintendent 
additional  compensation,  2742;  shall  levy  special  schoolhouse  tax  voted  by 
subdistrict  upon  itself,  2753:  shall  levy  tax  for  new  independent  school  dis- 
trict, 2796;  shall  levy  taxes  for  school  funds,  2807;  shall  levy  county  tax  of  one 
to  three  mills,  2807;  shall  levy  tax  to  pay  bonds  or  interest  due,  2813;  included 
in  county  board  of  education,  2831. 

Board  of  trustees,  of  county  high  school,  who  shall  constitute,  2728;  county 
superintendent  member  and  president  of,  2728;  shall  qualify,  2729;  election 
of,  2729;  in  three  classes,  2729;  shall  appoint  seer  tary  and  treasurer,  2729; 
shall  select  site  for  school,  2730;  shall  estimate  funds  needed,  2730;  shall  pro- 
ceed to  build,  2731;  shall  employ  teachers,  2731;  shall  have  annual  reports 
made,  2731;  compensation  members  of,  2731;  shall  approve  rules  and  regula- 
tions, 2732;  shall  admit  students  from  county  without  charge,  2732;  may  admit 
from  outside  the  county,  2732;  shall  make  no  purchases  in  excess  of  funds  on 
hand,  2731. 

Board  of  Trustees,  of  normal  school,  shall  elect  officers,  2675;  shall  makerulei 
and  regulations,  2676;  may  charge  for  contingent  expenses,  2676;  may  charge 
a  tuition  fee,  2676;  must  have  effects  of  alcoholic  drinks  and  narcotics  taught, 
2677;  may  receive  scholars  from  same  school  district,  2678;  shall  report  bien- 
nially to  governor,  2680. 

Board  of  Trustees,  of  state  college  of  agriculture  and  mechanic  arts  shall  man- 
age the  college,  2646;  shall  designate  the  number  from  each  county  entitled  to 
free  tuition,  2649. 

Bond,  of  officer,  of  tr  asurer  normal  school,  2675;  of  trustees  county  high  school, 
2729;  of  treasurer  county  high  school,  2729;  of  secretary  and  treasurer  of 
board,  2760;  shall  be  filed  with  the  president,  2760;  president  shall  bring  action 
on,  2760;  of  contractor  to  build,  2779;  of  person  appointed  to  keep  books  and 


INDEX.  153 

supplies  for  sale,  2824;  of  publishers,  suit  on,  2827;  of  contractor  furnishing 
books  or  supplies,  2830;  surety  companies  accepted  on,  2830. 

Bonds,  women  may  vote  on  question  of  issuing,  2747;  board  may  issue  to  pay 
indebtedness,  2812;  voters  may  vote,  2812;  signed  by  president,  2812;  counter- 
signed by  secretary,  2812;  when  payable,  2812;  delivered  to  treasurer,  2812; 
treasurer  shall  sell,  2812;  treasurer  may  exchange,  2812;  cost  of  engraving  and 
printing  paid  from  contingent  fund,  2812;  treasurer  keeps  record  to  whom 
bonds  are  sold,  2812;  form  and  other  requirements  of,  2812;  not  to  be  disposed 
of  for  less  than  par  value,  2812;  must  be  paid  in  order  of  issuance,  2812;  tax 
to  pay  bonds  or  interest  due,  2813;  may  issue  school  tax  funding  bonds,  2812. 

Books,  see  Text-books. 

Boundaries,  of  divisions  for  attendance  at  school,  2773;  changed  by  attaching 
territory,  2791;  changed  by  restoration  of  territory,  2792;  of  contiguous  inde- 
pendent districts  in  same  civil  township,  2793;  established  to  form  independ- 
ent school  district,  2794;  subdivision  of  independent  districts,  2798:  uniting 
independent  districts,  2799;  division  of  school  township  into  subdistricts,  280T; 
alterations  in  subdistrict,  designated  on  plat,  2801;  description  of,  recorded 
in  records  of  school  township,  2801;  copy  description  of  changes  delivered  to 
county  treasurer  and  auditor,  2801;  of  subdistricts  must  conform  to  congres- 
sional divisions,  2801;  changes  in  subdistrict,  take  effect  at  next  subdistrict 
election,  2801;  division  of  assets  and  liabilities,  2802. 

Branches  of  study,  in  normal  school,  2676;  trustees  in  normal  school  shall  have 
effects  of  stimulants  taught,  2677;  in  county  high  school,  2732;  added  to 
course  of  study  by  voters,  2749;  determined  by  board,  2772. 

Canvass  of  VOTES,  to  establish  county  high  school,  2728;  at  annual  meeting  of 
voters,  2746;  at  annual  subdistrict  meeting,  2751;  in  districts  of  5,000  or  over, 
divided  into  election  precincts,  2756;  when  officers  of  board  are  chosen,  2757; 
record  of,  to  be  kept  by  secretary,  2761;  when  vacancy  among  officers  or 
members  of  board  occurs,  2771;  when  formation  of  independent  school  district 
is  voted  upon, 2795;  when  vote  is  taken  to  form  rural  independent  school  dis- 
tricts from  subdistricts  of  school  township,  2797;  to  unite  independent  districts, 
2799;  to  unite  rural  independent  school  districts  into  school  township,  2800; 
when  county  uniformity  is  voted  upon,  2832. 

Certificate  OF  ELECTION,  to  directors  elected,  2746,  2756;  to  director  of  subdis- 
trict, 2751. 

Certificate  of  teacher,  examination  for,  2735;  for  special  studies,  2736;  term 
of,  2737;  revocation  of, 2737;  fee  for,  2738;  every  teacher  must  have,  2788. 

Certificate  or  diploma,  granted  upon  examination,  2629;  list  of  subjects, 
2629;  certificate  given  to  primary  teachers,  2630;  how  long  valid,  2631;  revo- 
cation of,  2631;  fee  for,  2631;  registration  of,  2632;  of  graduates  of  approved 
schools,  p.  105. 

Chairman,  superintendent  public  instruction  president  board  educational  exam- 
iners, 2628;  superintendent  public  instruction  president  board  trustees  normal 
school,  2675;  county  superintendent  president  board  trustees  county  high 
school,  2728;  president  of  board  acts  as,  of  annual  meeting  of  district,  2746; 
voters  select,  of  subdistrict  meeting,  2751;  president  of  board  acts  as,  at  all 
meetings  of  board,  2759;  temporary,  appointed  when  regular  officer  is  absent, 
2772;  county  superintendent  is,  of  county  board  of  education,  2833. 

Change  of  boundaries,  see  Boundaries. 

Charts,  may  be  purchased  with  contingent  fund,  2783. 

Child,  see  Scholar. 


154  INDEX. 

City  and  town  districts,  see  Independent  School  District. 

Civil  township,  each  a  school  township,  2744;  meetings  of  board  may  be  held  at 
any  place  in  same ,  2757;  when  formed  constitutes  a  school  township,  2790; 
lines  of ,  shall  not  prevent  attachment  to  territory;  2791;  boundaries  of  raral 
independent  school  districts  in  same,  may  be  changed,  2793;  rural  independ- 
ent school  districts  of,  may  be  united  into  a  school  township,  2800. 

Claims,  for  traveling  expenses  superintendent  public  instruction,  2627;  for  ex- 
penses board  educational  examiners,  2634;  for  traveling  expenses  treasurer 
normal  school,  2681;  for  trustees  county  high  school,  2731;  for  expenses 
county  superintendents  filed  with  county  auditor,  2742;  for  expenses  incurred, 
kept  by  secretary,  2761;  audited  and  allowed  by  board,  2780;  when  changes 
of  boundaries  are  made,  2802;  for  damages  when  site  is  condemned,  2815. 

Clbrk  OF  ELECTION,  secretary  acts  as,  of  annual  meeting,  2746;  for  subdistrict 
meeting,  chosen  by  voters,  2751;  appointed  in  each  precinct  of  districts  of 
5,000  or  over,  divided  into  precincts,  2756;  shall  record  result  of  votes  at  an- 
nual meeting,  2761. 

Compensation,  of  superintendent  public  instruction,  2627;  of  his  deputy,  2627;  of 
board  educational  examiners,  2634;  of  teachers  in  normal  school,  2676;  of  sec- 
retary normal  school,  2681;  of  treasurer  normal  school,  2681;  of  trustees 
county  high  school,  2731;  of  teachers  county  high  school,  2731;  of  county 
superintendent,  2742;  to  be  paid  teachers,  2778;  of  secretary  and  treasurer, 
2780;  no  member  of  board  may  receive,  2780;  not  recovered  by  teacher  fjr 
services  without  certificate,  2788;  of  referees,  2815;  to  owner  of  schoolhouse 
site  condemned,  2815;  to  witnesses  in  appeal,  2821;  to  person  keeping  books 
and  supplies  for  sale,  2824;  of  registrars,  2755. 

Compulsory  education,  of  what  children,  p.  106;  how  enforced,  p.  107;  pun- 
ishment for  violation  of  statute,  p.  108;  appointment  and  duties  of  truant 
officers,  p,  107. 

Concurrent  action,  of  county  superintendent  and  board  in  attaching  territory, 
2791;  of  boards  in  restoring  territory,  2792;  of  electors,  county  superintendent, 
and  board,  in  restoring  territory,  2792;  of  boards  in  changing  boundary  lines 
of  independent  districts  in  same  civil  township,  2793;  of  boards  in  detaching 
territory  to  form  an  independent  district,  2798;  of  boards  in  uniting  independ- 
ent districts,  2799;  of  boards  in  agreeing  on  terms  of  attendance,  2803;  of 
county  superintendent  and  board  where  children  attend,  2803. 

Condemnation,  of  land  for  schoolhouse  site  or  public  road,  2815. 
Conductor  of  institute,  see  Teachers'  Normal  Institute. 

Consolidation  of  districts,  independent  districts  may  unite,.  2799;   rural  inde- 
pendent school  districts  may  unite  into  a  school  township,  2800. 
Contingent  fund,  see  Funds. 

Contracts,  trustees  normal  school  may  make,  with  board  of  directors,  2678;  by 
trustees  county  high  school,  2731;  voters  may  authorize,  2749;  president  must 
sign,  2759;  by  board  with  other  districts  for  instruction  of  children,  2774;  for 
transportation  to  and  from  school,  2774;  directed  by  voters,  must  be  made  by 
board,  2778;  with  teachers,  must  be  in  writing,  2778;  with  teacher,  filed  with 
secretary,  2778;  to  build  at  a  cost  exceeding  $300  must  be  made  by  advertise- 
ment, 2779;  to  build  shall  be  let  to  lowest  bidder,  2779;  director  of  subdistrict 
may  make,  for  purposes  mentioned,  2785;  when  made  by  director  of  sub- 
district,  must  be  approved  by  president  and  reported  to  board,  2785;  between 
boards  regarding  attendance,  2803;  for  adoption  of  text-books,  2824;  for  text- 
books by  board  of  directors  or  county  board  of  education,  2830, 


INDEX 


155 


Convention,  superintendent  public  instruction  may  call,  of  county  superintend- 
ents, 2622;  county  superintendent  receives  expenses  for  attendance  at,  2742. 

Corporate  name,  of  School  Districts,  2744. 

Corporation,  see  school  district. 

Corporations,  limits  how  changed,  p.  99;  may  accept  bequests,  p.  101. 

Costs,  of  making  referees'  assessment,  paid  by  school  district,  2815;  ii  appeal, 
taxed  to  party  responsible  for  appeal,  2821;  of  prosecution  when  school  officer 
acts  as  agent  or  dealer  in  text- books,  2834. 

Counsel,  may  be  employed  by  board,  2759. 

County,  failing  to  make  report,  county  superintendent  shall  forfeit  $50  to  school 
fund  of,  2741;  action  against  county  superintendent  for  failure  to  make  report 
brought  by,  2741;  township  or  county  lines  not  a  bar  to  attaching  territory, 
2791;  territory  set  off  to  another,  may  be  restored,  2792;  attendance  from 
adjoining,  may  be  allowed,  2803;  provisions  relating  t)  payment  of  school 
bonds  same  as  for  county  bonds,  2812;  uniformity  of  text-books  in,  2832. 

County  attorney,  shall  assist  county  superintendent  in  enforcing  laws,  2740; 
shall  bring  action  upon  request  of  county  superintendent,  2740. 

County  auditor,  county  superintendent  files  statement  with,  of  office  expenses, 
2742;  records  plat  of  changes  in  subdistrict  boundaries,  2801;  deducts  amount 
of  tuition  from  apportionment,  2803;  makes  semi-annual  apportionment,  2808; 
notifies  president  of  apportionment,  2808;  certifies  qualification  of  county 
superintendent,  2809;  forwards  certificate  interest  on  school  fund  to  auditor  of 
state,  2809;  is  member  county  board  of  education,  2831;  is  secretary  county 
board  of  education,  2833;  shall  keep  school  laws  for  sale,  p.  100;  must  report 
sales  to  auditor  of  state,  p,  100;  must  pay  money  received  from  sales  to  county 
treasurer,  p.  101;  transmit  estimates  to  superintendent  of  public  instruction, 
p.  100. 

County  high  school,  any  county  may  establish,  2728;  board  of  supervisors  sub- 
mits question  of  establishing,  2728;  votes  for  and  against  canvassed,  2728: 
board  of  supsrvisors  appoints  trustees,  2728;  county  superintendent  member 
of  board  and  president,  2728;  when  and  how  trustees  are  elected,  2729;  vacan- 
cies in  board  filled  by  appointment  of  board  of  supervisors,  2729;  oath  and  bond 
of  trustees,  2729;  terms  of  office  of  trustees,  2729;  secretary  and  treasurer  of, 
appointed  from  board,  2729;  treasurer  gives  bond  as  such,  2729;  board  selects 
site,  2730;  makes  estimate  of  funds  needed,  2730;  presents  estimate  to  board 
of  supervisors,  2730;  tax  not  to  exceed  two  mills,  2730;  tax  levied  and 
collected,  2730;  tax  paid  to  treasurer  of,  2730;  board  makes  purchases  and 
contracts  for,  2731;  employs  teachers,  2731;  provides  for  payment  of  salaries, 
2731;  annual  report  of,  made  to  board  of  supervisors,  2731;  annual  report  of, 
printed  in  at  least  one  newspaper  in  county,  2731;  copy  forwarded  to  superin. 
tendent  public  instruction,  2731;  compensation  of  trustees,  2731;  rules  and 
regulations  made,  2732;  refractory  students  may  be  expelled,  2732;  tuition  in, 
free  to  residents  of  county,  2733;  apportionment  of  students,  2732;  students 
from  other  counties  may  be  admitted,  2732;  question  of  tax  levy  for  buildings 
must  be  submitted  to  voters,  2728;  board  to  select  the  best  site  that  can  be 
obtained  without  expense  to  the  county,  2730;  contract  for  building  cannot  be 
made  in  excess  of  amount  voted,  2730;  an  outlay  exceeding  five  hundred  dollars 
must  be  submitted  to  the  electors,  2730;  may  be  abolished,  2733;  petition  and 
election  to  abolish,  2733. 

County  superintendent,  shall  distribute  school  laws,  2624;  member  board 
trustees  county  high  school,  2728;  ^resident  board  trustees  county  high  school, 
2728;   may  be  o:  either  sex,    2734;  shall  hold   certificate   or   diploma,    2734; 


156  i^i^^^^- 

inelig;ible  as  school  director  or  member  b^ard  supervisors,  2734;  may  appoint 
deputy,  who  cannot  visit  schools  or  try  appeals,  2734;  shall  comply  with  direc- 
tions from  superintendent  public  instruction,  2735;  shall  transmit  communica- 
tions, 2735;  may  visit  schools,  2735;  shall  visit  any  school,  when,  2735;  shall 
examine  for  teacher's  certificate,  2735;  may  hold  special  examinations,  2735; 
shall  keep  record  of  examinations,  2736;  may  issue  certificates,  2737;  shall 
revoke  a  certificate,  2737;  shall  hold  normal  institute,  2738;  shall  require  reg- 
istration fee,  2738;  shall  require  fee  from  every  applicant  for  certificate,  2738; 
shall  transmit  all  moneys  to  county  treasurer,  2738;  sha.l  draw  no  order  on 
institute  fund  except  for  bills  approved,  2738;  shall  report  annually  to  super- 
intendent public  instruction,  2739;  shall  file  enumeration  with  county  auditor, 
2739;  shall  report  to  institutions,  2739;  shall  enforce  school  laws,  2740;  may 
require  assistance  of  county  attorney,  2740;  shall  forfeit  $50  for  failure  to  make 
report,  2741;  shall  receive  compensation,  2742;  shall  receive  expenses  for 
attendance  at  convention  of  county  superintendents,  2742;  shall  file  statement 
office  expenses,  2742;  notified  by  secretary  when  each  school  begins,  2765; 
receives  annual  report  from  secretary,  2765;  receives  report  of  officers  of  dis- 
trict, 2766;  receives  annual  report  from  treasurer,  2769;  may  release  board 
from  obligation  to  have  school  taught,  2773;  may  grant  kindergarten  certifi- 
cate, 2777;  approves  plans  for  schoolhouse,  2779;  shall  call  attention  of  board 
to  neglect  to  protect  shade  trees,  2787;  gives  notice  of  first  meeting  in  new 
school  township,  2790;  shall  attach  territory  to  another  district,  2791;  shall 
concur  in  restoration  of  territory,  2792;  may  concur  in  attendance,  2803;  cer- 
tificate of  qualification  of,  made  by  county  auditor,  2809;  appoints  referees  to 
condemn  schoolhouse  site,  2815;  gives  notice  to  owner  of  land,  2815;  receives 
affidavit  of  appeal,  2M8;  notifies  secretary  to  file  transcript,  2819;  notifies 
interested  parties  of  hearing,  2819;  hears  testimony  and  decides  appeal,  2819; 
appeal  from  decision  of,  2820;  has  power  to  issue  subpoenas,  2821;  files  tran- 
script of  costs  of  appeal  with  clerk  of  court,  2821;  may  be  consulted  in  adop- 
tion of  text-books,  2828;  is  custodian  of  samples  of  text-books,  2830;  member 
county  board  of  education,  2831;  receives  petitions  for  county  uniformity, 
2831;  is  chairman  county  board  of  education,  2833;  reports  list  of  books,  with 
contract  prices,  2833;  may  not  act  as  agent  or  dealer  in  text-books  or  supplies, 
2834;  [must  report  to  board  of  supervisors,  2738;  must  report  violations  of 
compulsory  school  law,  p.  108. 

County  trbasdrbr,  pays  over  tax  to  county  high  school,  2730;  receives  institute 
fund]  from  county  superintendent,  2738;  records  changes  in  subdistrict 
boundaries,  2801;  pays  apportionment  due,  2808;  gives  notice  quarterly  of 
taxes  collected,  2810;  pays  taxes  to  district  treasurer,  2810:  keeps  taxes  for 
schoolhouse  purposes  separate,  in  each  subdistrict,  if  necessary,  2810;  amount 
found  by  referees  deposited  with,  2815. 

Course  of  study,  shall  be  prescribed  by  board,  2772;  in  graded  or  union  schools, 
must  be  approved  by  superintendent  public  instruction,  2776;  in  accredited 
schools  to  be  inspected  and  approved  by  board  of  educational  examiners, 
p.  105;  persons  taking,  in  accredited  schools,  to  be  reported,  p.  105. 

Dbaf  and  dumb,  number  of,  of  school  age,  reported  to  superintendent  school 
for  the  deaf,  2739;  of  school  age,  reported  to  county  superintendent  by  secre- 
tary, 2769. 

Dbcisions,  in  appeal,  by  superintendent  public  instruction,  2623;  important, 
included  in  volume  of  scho  )1  laws,  2624;  of  board  may  be  appealed  from,  2818; 
of  county  superintendent  final  unless  appealed  from,  2819;  of  superintendent 
public  instruction  final,  2820. 

Dbpositoribs ,  arranged  for  by  county  board  of  education,  2832. 


INDEX.  157 

Deputy,  of  superintendent  public  instruction,  2621;  of  county  superintendent, 
2734. 

Diploma,  see  Certificate  or  Diploma. 

Director,  term  of,  2745;  may  be  of  either  sex,  2748;  number  in  independent  dis 
tricts,  2754;  tie  vote  for,  publicly  determined  by  lot,  2754;  annual  and  special 
meetings  of  board,  2757;  qualifies  on  or  before  third  Monday  in  March,  2758; 
shall  take  oath,  2758;  any  member  may  administer  official  oath  to,  2758; holds 
until  successor  is  qualified ,  2758;  vacancy  filled  by  appointment,  2758;  sur- 
renders office  to  successor,  2770;  in  school  township  may  be  instructed  by 
board  to  make  certain  contracts,  2785;  penalty  for  wilful  failure  or  neglect  of 
duty,  2822. 

Director,  of  subdistrict,  chosen  for  one  year,  2745;  maybe  of  either  sex,  2748; 
gives  notice  of  subdistrict  meeting,  2751;  elected  in  subdistricts,  2751;  number 
in  school  townships,  2752;  may  be  authorized  by  board  to  employ  teachers  in 
his  subdistrict,  2778;  may  be  authorized  by  board  to  make  contracts  foi 
fuel  and  in  like  matters,  2785;  shall  prepare  annually  list  of  children  in  sub- 
district  of  school  age,  2785;  shall  report  list  to  secretary  of  school  township, 
2785;  may  have  industrial  exposition  held,  2786;  elected  for  new  subdistrict, 
2801;  must  enforce  compulsory  attendance  law,  p    108. 

Dismissal,  of  teacher,  2782;  of  scholar,  2782. 

Distribution,  of  cloth  bound  school  laws,  2624;  of  paper  bound  school  laws, 
2624,  and  p.  100. 

District,  see  School  District. 

District  court,  appeal  may  be  taken  to,  from  assessment  made  by  referees, 
2815;  transcript  of  costs  in  appeal  filed  by  county  superintendent  in  office  oi 
clerk  of,  2821. 

District  treasurer,  see  Treasurer. 

Division,  into  election  precincts  in  districts  of  5,000  or  over,  2755;  into  wards  for 
attendance,  2773;  of  independent  districts  to  form  two  or  more,  2798;  of  school 
township  into  subdistricts,  2801;  of  assets  and  liabilities,  2802. 

Dwelling,  see  residence. 

Education,  general  constitutional  provisions  relating  to,  p.  109;  school  fund  and 
landsunder  control  of  general  assembly,  p.  109;  fines,  how  applied,  p.  109; 
method  of  distribution  of  funds  for,  p.  110. 

Educational  examiners,  see  Board  ot  Educational  Examiners. 

Educational  journal,  superintendent  public  instruction  may  subscribe  for, 
2624. 

Election,  to  vote  upon  establishment  of  county  high  school,  2728;  to  choose  trus- 
tees for  county  high  school,  2729;  in  all  districts,  2746;  qualifications  to 
vote  at,  2747;  of  director  of  subdistrict,  2751;  in  independent  districts,  2754;  of 
treasurer  by  voters,  in  independent  school  districts,  2754;  precincts  in  dis- 
tricts of  5,000  or  over,  2755;  of  officers  of  board,  2757;  notice  of,  2763;  to  fill 
vacancies  among  officers  or  members  of  board,  2771;  to  form  independent 
school  district,  2794;  to  choose  board  for  new  district,  2795;  to  form  rural  inde- 
pendent school  districts,  2797;  to  subdivide  independent  district,  2798;  to  unite 
independendent  districts,  2799;  to  unite  rural  independent  school  districts  into 
a  school  township,  2800;  when  changes  in  boundaries  are  made,  boards  con- 
tinue to  act  until  next,  2802;  to  vote  bonds,  2812;  to  change  or  displace  text- 
books, 2829;  to  vote  on  county  uniformity,  2831;  to  vote  on  free  text-books, 
2836;  to  vote  on  the  abolishment  of  county  high  school,  2733. 

Election  precincts,  in  districts  of  5,000  or  over,  2755;  register  of  voters  in, 
2755;  conduct  of  elections  in,  2756;  registrars  in,  2755;  compensation  of  regis- 
trars, 2755. 


158  INDEX. 

Electors,  see  Voters. 

Elements  of  vocal  music,  instruction  in,  authorized,  p.  102;  must  be  taught  in 
normal  institutes,  p.  103. 

Eligibility  for  office,  one  appointed  member  board  educational  examiners 
must  be  a  woman,  26 '8;  county  superintendent  mu  t  hold  two-year  certificate 
or  state  certificate  or  diploma,  2734;  county  superintendent  may  be  of  either 
sex,  2734;  county  superintendent  may  not  be  a  school  director  or  member 
board  of  supervisors,  2734;  officer  or  member  of  board  may  be  of  either  sex, 
and  must  be  a  citizen  and  resident,  2748;  if  a  man,  must  be  a  qualified  voter, 
2748;  secretary  and  treasurer  must  be  chosen  outside  the  board,  2757;  no 
teacher  or  other  employe  of  board  eligible  as  secretary  in  any  independent 
distr  ct,  2757. 

Employe,  no  teacher  or  other,  of  the  board  eligible  as  secretary  in  any  inde- 
pendent district,  2757. 

English  language,  all  instruction  shall  be  given  in,  2749. 

Enumeration,  reported  to  auditor  of  state,  2625;  register  of,,  kept  by  secretary, 
2764;  reported  to  county  superintendent,  2765;  list  of,  prepared  by  director  ot 
subdistrict,  2785. 

Examination,  for  state  certificate  or  diploma,  262^;  for  county  certificates,  2735; 
record  of,  2736;  in  additional  branches,  2737;  fee  for,  2738;  upon  kindergarten 
principles  and  methods,  2777;  of  graduates  of  approved  schools,  p.  105. 

Examiners,  see  Board  of  Educational  Examiners. 

ExTKNDiNG  corporations,  effect  of,  p.  99. 

Expenses,  traveling,  of  superintendent  public  instruction,  2627;  necessary,  of 
member  board  educational  examiners  shall  be  paid,  2634;  of  person  appointed 
to  assist  in  conducting  examination,  2634;  actual  traveling,  of  treasurer  nor- 
mal school  to  be  paid,  2681;  for  counsel  in  suits,  2759;  account  of,  incurred  by 
district,  kept  by  secretary,  2761;  statement  of,  made  to  board  by  treasurer, 
2769;  full  statement  of,  made  by  board  to  annual  meeting,  2780;  statement  of, 
in  independent  school  districts  published,  2781;  estimate  of,  for  following  year 
published  in  detail,  2781;  for  tuition  when  scholars  attend  by  concurrence  of 
county  superintendent  and  board,  2803;  average  proportion  of  contingent, 
2803;  when  schoolhouse  site  is  condemned,  2815;  as  costs  of  appeal,  2821. 

Exposition,  see  Industrial  Exposition. 

Expulsion  of  scholar,  by  majority  vote  of  the  board,  2782. 

Families,  list  of  heads  of,  prepared  by  director  of  subdistrict,  2805. 

Fee,  for  state  certificate,  2631;  for  state  diploma,  2631;  if  applicant  fails  one-half 
of,  returned,  2631;  paid  into  state  treasury,  2531;  contingent,  at  normal  school, 
2676;  tuition,  at  normal  school,  2676;  tuition,  at  county  high  school,  2733;  reg- 
istration, at  institute,  2738;  of  every  applicant  for  a  certificate,  2738;  addi- 
tional, for  two  years'  certificate,  2738;  transmitted  to  county  treasurer,  2738; 
tuition,  for  attendance  in  another  district,  2774;  for  transportation  of  children, 
2774;  tuition,  for  attendance,  280  ;  of  witnesses  in  appeal,  2821;  for  certificate 
to  graduates  of  approved  accredited  schools,  p.  105. 

Feeble  minded,  county  superintendent  reports,  to  institution  for,  2739. 

Fences,  may  be  provided  for  schoolhouse  sites,  2773;  barbed  wire  shall  not  be  used 
for,  of  schoolhouse  grounds,  2817;  where  sites  adjoin  fields,  p.  99. 

Fidelity  companies,  see  Surety  Companies. 

Financial  statement,  made  by  treasurer  to   board,   2769;    made   by  board  to 


INDEX.  159 

voters,  2780;  published  in  each  independent  school  district,  2781. 

Fines,  see  Penalty. 

Forfeit,  of  county  superintendent  for  failure  to  make  report,  2741;  upon  breach 
of  bond  of  secretary  or  treasurer,  2760;  of  compensation  of  teacher  for  serv- 
ices rendered  without  certificate,  2788;  for  violation  provisions  regarding 
use  of  barbed  wire,  2817;  for  wilful  violation  of  law,  or  for  wilful  failure  or 
refusal  to  perform  duty,  2822;  for  neglect  or  refusal  of  contractor  to  furnish 
textbooks  at  lowest  price,  2827. 

Formation  of  independent  district,  including  a  city,  town,  or  village,  2794; 
from  subdistricts  of  school  township,  2797;  by  subdividing  independent  dis- 
trict, 2798;  by  uniting  independent  districts,  2799. 

Forms,  see  Index  to  the  Forms,  page  12  . 

Fuel,  bought  with  contingent  fund,  2768;  director  of  subdistrict  may  contract 
for,  under  direction  of  the  board,  2785. 

Funds,  secretary  keeps  separate  account  with  each  fund,  2761;  secretary  certifies 
amounts  required  for  contingent  and  teachers'  funds,  2767;  secretary  certifies 
schoolhouse  tax  voted  by  voters,  2767;  schoolhouse,  contingent,  and  teachers' 
defined,  2768;  separate  account  kept  with  each,  by  treasurer,  2768;  order  must 
specify  fund  and  object,  2768;  annual  report  of  treasurer  must  show  separate, 
2769;  insurance  paid  with  contingent,  2783;  library  books  and  apparatus  bought 
with  contingent,  2783;  free  text-books  provided  from  contingent,  2783;  teach- 
ers' and  contingent,  estimated  by  board,  2806;  amount  for  contingent,  not  to 
exceed  $5  per  scholar,  2806;  amount  for  transportation  of  children  not  to 
exceed  $5  per  scholar,  2806;  amount  for  teachers*  fund  not  more  than  $15  per 
scholar,  2806;  $75  for  each  school  may  be  levied  for  contingent  fund,  2806;  $270 
for  each  school  may  be  levied  for  teachers'  fund,  2806;  interest  on  permanent, 
apportioned,  2808. 

Garden,  may  not  be  taken  oy  condemnation  for  schoolhouse  site,  2814. 

Governor,  records  in  office  superintendent  public  instruction  open  to  inspection 
of,  2621;  reports  to,  made  biennially  by  superintendent  public  instruction, 2625; 
two  members  educational  board  examiners  appointed  by,  2628;  report  to,  made 
by  board  trustees  normal  school,  2680. 

Graded  or  union  schools,  may  be  established  by  any  board,  2776;  course  of 
study  in,  must  be  approved  by  superintendent  public  instruction,  2776. 

Guardian,  name  of  parent  or,  registered  by  secretary,  2764;  school  taxes  paid  by, 
in  an  independent  district  may  be  deducted  from  tuition  of  ward,  2804;  ward 
may  not  be  required  to  read  bible  contrary  to  wishes  of,  2805;  must  cause  child 
to  attend  school,  p.  106. 

Highways,  voters  may  authorize  board  to  obtain,  2749;  voters  may  vote  school- 
house  tax  for  opening,  2749;  special  meeting  of  district  may  vote  schoolhouse 
tax  to  procure,  2750;  schoolhouse  site  taken  by  condemnation  must  be  on  a 
public  highway,  2814. 

Improvements,  value  of,  repaid  by  owner  when  site  reverts,  2816;  tax  to  pay 
money  borrowed  for,  in  an  independent  school  district,  must  be  levied,  2813. 

Incumbent,  treasurer  holds  until  successor  is  ekcted  and  qualified,  2754;  term  of, 
treasurer  in  independent  school  districts,  expires  on  third  Monday  in  March, 
1898,  2754;  director  holds  until  successor  is  elected  and  qualified,  2758. 

Indebtedness,  in  division  of  assets  and  liabilities,  2802;  judgment,  shall  be  paid, 
2811;  bonds  to  pay  judgment,  may  be  issued,  2812;  bonds  may  be  issued  by 
board  to  refund,  2812;  tax  to  pay  Donds  or  interest  due,  2813;  original,  shall 
not  be  incurred  by  issuance  of  bonds,  until  voters  have  so  authorized,  2823; 
may  not  be  contracted  to  purchase  books  and  supplies  to  be  resold,  2825; 
limit  of,  p.  102. 


160  INDEX. 

Independent  school  district,  corporate  name,  2744;  board  of,  2745;  number 
of  directors  in,  2754;  treasurer  of,  elected  by  voters,  2754;  in  independent  dis- 
tricts below  5,000,  polls  open  at  1  p.  m.  and  remain  open  not  less  than  five 
hours,  2754;  of  5,000  and  over,  may  be  divided  into  election  precincts,  2755;  of 
5,000  and  over,  divided  into  election  precincts,  polls  shall  be  open  from  9 
o'clock  A.  M.  until  7  o'clock  p.  m.  ,  2756;  no  teacher  or  other  employe  of, 
eligible  as  secretary,  2757;  higher  schools  in,  2776;  board  may  establish  kinder- 
garten departments  in,  2777;  board  of,  must  publish  financial  statement,  2781; 
water-closets  in,  2784;  change  of  boundaries  in  same  civil  township,  2793;  for- 
mation of,  2794;  organization  of,  2795;  subdivision  of,  2798;  uniting  of,  2799; 
may  borrow  money  by  issuing  bonds,  2812;  tax  to  pay  bonds  or  interest  due, 
2813;  not  under  county  uniformity,  2835;  schools  in,  may  adopt  and  buy  same 
books  adopted  by  county  board  of  education,  2835. 

Index  to  forms,  page  123. 

Indorsement,  of  unpaid  orders  by  treasurer,  2768. 

Industrial  exposition,  board  may  provide  for  in  each  school,  2786;  director  of 
subdistrict  may  provide  for,  2786;  of  what  consists,  2786;  kind  and  plan  of 
articles  exhibited  at,  explained,  2786;  parents  and  friends  invited  to  be  present 
at,  2786;  ornamental  work  encouraged,  2786;  held  in  the  school  room  not 
oftener  than  once  a  month,  2786. 

Institute  fund,  see  Teachers'  Normal  Institute. 

Institutes,  see  Teachers'  Normal  Institute. 

Insurance,  contingent  fund  may  be  used  to  pay,  2783. 

Interest,  provision  should  be  made  for  interest  of  bonds,  2767;  six  per  cent  on 
unpaid  orders  after  indorsement,  2768;  of  permanent  school  fund  a  part  of  the 
apportionment,  2808;  on  bonds  may  not  exceed  six  per  cent,  2812;  tax  lo  pay 
interest  due  on  bonds  must  be  levied,  2813;  may  not  be  taken  upon  purchase 
price  when  schoolhouse  site  reverts,  2816. 

Joint  districts,  on  account  of  natural  obstacles,  2791;  restoration  of  portion  of, 
to  district  in  which  it  geographically  belongs,  2792. 

Judges  of  election,  at  annual  meeting,  who  are,  2746;  if  absent,  voters  present 
appoint,  ?746;  shall  issue  certificates  to  directors  elected ,  2746;  vote  canvassed 
by,  2751;  tie  vote  publicly  determined  by  lot,  2754;  in  districts  of  over  5,000, 
divided  into  election  precincts,  board  acts  as  judges,  2756;  to  organize  inde- 
pendent school  district,  2794. 

Judgment,  against  a  district  paid  from  proper  fund,  2811;  if  not  paid,  voters  vote 
schoolhouse  tax  to  pay,  2811;  if  unpaid  and  no  tax  is  voted,  board  shall  certify 
to  board  of  supervisors  amount  required  to  pay,  2811;  bonds  may  be  issued  to 
pay,  2812;  county  or  state  superintendent  may  not  give  for  money,  2820; 
county  superintendent  shall  tax  all  costs  to  party  responsible  for  appeal,  2821; 
clerk  of  court  shall  enter,  for  costs  of  appeal,  2821. 

Jurisdiction,  each  district  has  exclusive,  over  all  its  territory,  2743;  powers 
granted  by  law  apply  alike  to  all  districts,  unless  otherwise  stated,  2823. 

Kindergarten,  in  any  independent  school  district,  2777;  teacher  in  must  hold 
kindergarten  certificate  from  county  superintendent,  2777. 

Land,  for  schoolhouse  site  or  highway,  may  be  taken  by  condemnation,  2814. 

Language,  teacher  may  have  special  certificate  for,  2736;  voters  may  determine 
that  a  foreign  language  shall  be  taught  as  a  branch,  2749;  schools  must  be 
taught  in  English,  2749. 

Levy  of  taxes,  see  Taxes. 

Liabilities,  see  Assets  and  Liabilities. 


INDEX.  151 

Libraries,  funds  for,  how  set  apart,  p.  103;  books  for,  how  purchased  and  dis- 
tributed, p.  103;  lists  of  books  for,  how  prepared,  p.  104;  records,  how  kept, 
p.  103;  librarian,  how  selected,  p.  104. 

Library,  tax  to  procure,  may  be  voted  by  annual  meeting,  2749;  number  of  vol- 
umes in,  reported,  2765;  books  for,  furnished  with  contingent  fund,  2783. 

Limit,  annual  meeting  may  vote  not  exceeding  ten  mills  for  schoolhouse  fund, 
.  2749;  subdistrict  may  vote  additional  schoolhouse  taxes,  but  not  to  exceed 
fifteen  mills  in  all,  2753;  not  to  exceed  $25  annually  for  each  schoolroom  may 
be  used  to  purchase  dictionaries,  library  books,  maps,  charts  and  apparatus, 
2783;  of  taxes,  2806;  of  county  school  tax,  2807;  i  i  paying  judgment  indebted- 
ness, only  funds  available  for  tliat  purpose  may  be  used,  2811;  of  time  that 
bonds  are  to  run,  shall  not  be  more  than  ten  years,  2812;  of  tax  to  pay  princi- 
pal or  interest  due,  shall  not  exceed  five  mills,  2813;  real  estate  taken  for 
schoolhouse  site  not  to  exceed  one  acre,  2814;  contingent  fund  certified  to 
purchase  books  and  supplies  to  be  resold,  shall  not  exceed  $1.50  for  each 
person  of  school  age,  2825;  limit  of  indebtedness,  p.  102. 

Majority  vote,  not  required  to  elect  director  of  subdistrict,  2751;  majority  of 
board  a  quorum,  2771;  of  board  required  to  discharge  teacher,  2782;  of  board 
required  to  expel  scholar,  2782;  of  votes  cast  in  each  subdistrict,  necessary  to 
Changs  subdistriccs  of  school  township  into  rural  independent  school  districts^ 
2797;  of  voters  n  each  proposed  district  required  when  one  district  in  subdi- 
vision of  independent  district  contains  less  than  two  sections,  2798;  of  votes 
ca  t  in  each  district  necessary  to  unite  independent  districts,  2799;  of  votes 
cast  in  civil  township  divided  into  rural  independent  school  districts,  makes 
each  rural  independent  school  district  a  subdistrict  of  a  new  school  town- 
ship, 2800;  of  all  members  of  board  necessary  to  change  subdistrict  bounda- 
ries, 2801;  of  annual  meeting  necessary  to  auth  irize  board  to  change  or 
displace  text-books  before  expiration  of  contract,  2829;  necessary  to  adopt 
county  uniformity,  2832;  necessary  to  authorize  free-text  books,  2837. 

Maps,  may  be  purchased  with  contingent  fund,  2783. 

Meetings  of  directors,  regular,  when  held,  2757;  special,  how  called,  2757; 
where  held,  2757;  to  elect  officers,  2757;  to  estimate  school  taxes,  2806. 

Member  of  board,  see  Board  of  Directors. 

Misdemeanor,  in  case  of  failure  of  county  superintendent  to  make  report,  2741; 
in  case  of  breach  of  bond  of  secretary  or  treasurer,  2760;  in  case  of  violation 
of  provisions  regarding  barbed  wire,  2817;  in  case  ot  wilful  failure  or  refusal 
to  perform  duty,  2822;  in  case  school  director,  teacher,  or  member  county 
board  of  education  acts  as  agent  or  dealer  in  text-books,  2834. 

Money,  see  Funds. 

Music,  elements  of  vocal  music  required,    p.  102;    must   be  taught   in     normal 

institute,  p.  103. 
Name,  of  school  district,  2744. 
Narcotics,  see  Alcoholic  Drinks. 

Neglect  of  duty,  in  case  of  breach  of  bond  of  secretary  or  treasurer,  president 
brings  action,  2760;  board  shall  require  performance  of  duty,  2772;  teacher 
may  be  discharged  for,  2782;  penalty  for  use  of  barbed  wire  near  schoolhouse 
grounds,  2817;  penalty  for  wilfully  failing  or  refusing  to  perform  duty,  2822; 
suit  on  bond  of  publisher  to  be  brought,  if  books  are  not  furnished  at  very 
lowest  price,  2827;  director,  officer,  teacher,  or  member  county  board  of  edu- 
cation, may  not  act  as  agent  or  dealer  in  text-books  or  supplies,  2834. 
11 


162  INDEX. 

Newspaper,  notice  of  annual  meeting  in  election  precinct  published  for  two  weeks 
in,  2755;  bids  must  be  invited  by  advertisement  in,  for  four  weeks  before  con- 
tract to  build  may  be  made  for  more  than  $300,  2799;  financial  statement  of 
independent  school  district  published  in,  two  weeks  before  annual  meeting, 
2781;  before  purchasing  text  books,  board  of  directors  or  county  board  of  edu- 
cation must  publish  notice  in,  for  three  weeks,  2828. 

Nonresidents,  board  may  contract  for  attendance  in  another  district,  2774;  may 
attend  in  another  district  by  agreement  of  boards,  2803;  may  attend  in  another 
district  by  concurrence  of  county  superintendent  and  board,  2803;  may  attend 
on  such  terms  as  the  board  may  determine,  2804. 

Non-user  of  site,  for  two  years,  causes  site  to  revert,  2816. 

Normal  institutes,  see  Teachers*  Normal  Institute. 

Normal  school,  location  and  object,  2675;  controlled  by  board  of  trustees,  2675; 
ofificers  of  board,  2675;  treasurer  of,  to  give  bond,  2675;  board  of,  employs 
teachers,  2676;  session  of,  must  continue  at  least  26  weeks,  2676;  effects  of 
alcoholic  stimulants  must  be  taught  in,  2677;  biennial  report  of,  made  to  gov- 
ernor, 2680;  compensation  of  officers  of,  2681;  appropriation  for,  2682. 

Notice,  of  appointment  of  institute,  2622;  of  election  to  establish  county  high 
school,  2728;  to  teacher,  of  charges,  2737;  of  annual  meeting,  2746;  for  sub- 
mitting proposition  to  voters,  2749;  of  special  meeting  of  voters,  2750;  of  sub- 
district  meeting,  2751;  of  special  subdistrict  meeting,  2753;  in  each  election 
precinct,  2755;  of  special  meeting  of  board,  2757;  given  by  secretary  of  all 
meetings  of  voters,  2763;  of  what  notice  consists,  2763;  of  receipts  and  dis- 
bursements in  independent  school  districts,  2781;  to  teacher,  before  trial,  2782; 
of  first  meeting  in  new  school  township,  2790;  for  formation  of  independent 
school  district,  2794;  to  elect  a  board  of  directors,  2795;  to  vote  upon  changing 
to  rural  independent  school  districts,  2797;  for  subdivision  of  independent  dis- 
tricts, 2798;  for  uniting  independent  districts,  2799;  for  uniting  rural  inde- 
pendent school  districts  into  a  school  township,  2800;  of  concurrent  consent 
for  attendance,  2803;  to  president  of  apportionment  due,  2808;  to  president  of 
taxes  due,  2810;  of  meeting  to  vote  bonds,  2812;  to  owner  of  bonds,  2812;  to 
owner  of  schoolkouse  site  condemned,  2815;  of  appeal  from  assessment,  2815; 
to  secretary  to  file  transcript,  2819;  of  hearing  of  appeal,  28 l9;  of  appeal  to 
state  superintendent,  2820;  to  accept  bids  for  text-books,  2828;  of  election 
on  county  uniformity,  2831;  of  voting  upon  free  text-books,  2836. 

Oath,  any  member  of  the  board  may  administer  oath  of  qualification  to  a  member 
elect,  and  to  the  president,  2758;  of  what  oath  consists,  2758;  of  secretary  and 
treasurer,  2760;  of  referees  to  condemn  schoolhouse  site,  2815. 

Office,  see  Qualification  for  Office. 

Official  bonds,  see  Bonds. 

Opinions  ,  superintendent  public  instruction  shall  render,  regarding  the  school 
law,  2623. 

Orchard,  not  to  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

Orders,  secretary  shall  draw,  2762;  secretary  shall  countersign.  2762;  secretary 
shall  keep  register  of,  2762;  secretary  shall  furnish  register  of,  to  board,  2762; 
treasurer  shall  register,  2768;  treasurer  shall  pay,  2768;  must  state  fund  on 
which  it  is  drawn,  2768;  part  payment  of,  may  be  made,  2768;  unpaid  to  draw 
interest  after  indorsement,  2768;  shall  not  be  drawn  until  claim  has  been 
audited,  27:^0;  to  pay  judgment,  2811. 

Organization,  of  annual  meeting,  2746;  of  subdistrict  meeting,  2751;  of  board  of 
directors,  2757;  of  new  school  township,  2790;  of  independent  school  district, 


INDEX.  ^Q^ 

2795;  on  or  before  first  day  of  August,  2796;  of  rural  independent  school  dis- 
tricts from  subdistricts  of  school  township,  2797;  of  independent  district  out 
of  territory  detached  from  other  independent  districts,  2798;  of  independent 
district  by  uniting  other  independent  districts,  2799;  of  school  township  from 
rural  independent  school  districts  of  civil  township,  2800;  of  new  subdistrict, 
2801;  of  county  board  of  education,  2833. 

Owner,  in  ce^-tain  cases,  may  object  to  site  nearer  than  forty  rods  from  his  resi- 
dence, 2814;  relusing  or  neglectmg  to  give  site  or  road  thereto,  land  may  be 
taken  by  condemnation,  2815;  secures  premises  when  site  reverts,  2816. 

PARENT,  name  of,  registered  by  secretary,  2764;  list  of  heads  of  families  kept  by 
director  of  subdistrict,  2785;  school  taxes  paid  by,  in  any  independent  dis- 
trict, may  be  deducted  from  tuition  of  nonresident  child,  2804;  child  may  not 
be  required  to  read  bible  contrary  to  wishes  of,  2805;  shail  cause  child  to 
attend  school,  p.  106. 

Park,  may  not  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

Penalty,  of  county  superintendent  for  failure  to  make  report,  2741;  board  fixes, 
in  bond  of  secretary  and  treasurer,  2760;  for  failure  or  refusal  to  perform  duty, 
2822;  shall  be  applied  to  use  of  schools,  2822;  for  failure  to  cause  children  to 
attend  school,  p.  108;  for  failure  by  ofiScers  to  enforce  compulsory  school  law, 
p   108, 

Petition,  for  formation  of  independent  school  district,  2794;  to  form  rural  inde- 
pendent school  districts  from  subdistricts  of  school  township,  2797;  for  uniting 
independent  districts,  2799;  to  unite  rural  independent  school  districts  into  a 
school  township,  2800;  for  county  uniformity  of  text-books,  2831;  to  abolish 
county  high  school,  2733. 

Physiology  and  hygiene,  with  reference  to  effects  of  stimulants,  must  bo  taught 
in  normal  school,  2677;  usual  examination  for  teacher  must  include,  2736; 
certificate  of  teacher  failing  or  neglecting  to  teach,  shall  be  revoked,  2737; 
county  superintendent  must  report  extent  to  which  requirements  of  the  law  ara 
observed ,  2739;  county  superintendent  may  require  assistance  of  county  attor- 
ney to  enfc»rce  law.  2740;  must  be  taught  in  all  schools,  2775;  must  be  studied 
by  every  scholar,  2775;  study  of  subject  must  be  completed  in  that  class, 
before  scholar  is  advanced,  2775. 

Place,  superintendent  public  instruction  determines,  of  teachers'  normal  insti- 
tute, 2622;  board  of  educational  examiners  meets  at  such,  as  president  may 
direct,  2629;  petition  for  establishment  of  county  high  school  must  name,  2728; 
site  for  county  high  school  must  be  selected  at  place  named  in  the  petition, 
2730;  county  superintendent  must  hold  examination  at  county  seat  on  last 
Friday  and  Saturday  of  each  month,  2735;  of  annual  meeting  given  in  notice, 
2746;  of  subdistrict  meeting  given  in  notice,  2751;  meetings  of  board  held  any 
place  within  same  civil  township,  2757;  notice  of  special  meeting  of  board 
must  specify,  2757;  secretary  shall  post  notice  of  meetings  in  at  least  five  pub- 
lic places,  2763;  notice  shall  be  posted  at  or  near  last  place  of  meeting,  2763; 
each  notice  shall  state  place  of  meeting,  2763;  persons  notified  of,  where  appeal 
will  be  heard,  2819. 

Plat,  of  subdistricts  shall  be  made  by  secretary,  2801;  written  description  of, 
shall  be  recorded  in  records  of  school  township,  2801;  copy  of,  shall  be  deliv- 
ered to  county  treasurer  and  auditor,  2801;  shall  be  recorded,  2801. 

PoisOxnS,  see  Alcoholic  Drinks. 

Poll  book,  must  be  provided  for  each  precinct  in  districts  having  5,000  or  over, 
divided  into  election  precincts,  2756;  secretary  shall  keep  full  record  in,  2761. 


164  INDEX. 

Polls,  at  elections  in  all  districts  except  ihose  of  5,000  or  more,  shall  open  at  1  p. 
M.,  2754;  at  subdistrict  election,  shall  remain  o  en  not  less  than  two  hours, 
2754;  in  independent  school  districts  below  5,000,  must  remain  open  not  less 
than  five  hours,  2754;  in  rural  independent  school  districts  and  school  town- 
ships, must  remain  open  not  less  than  two  hours,  2754;  in  districts  o£  5,000  or 
over  having  election  precincts,  shall  be  kept  open  from  9  a.  m.  until  7  p.  m.  , 
2756. 

Population,  in  districts  including  cities  of  the  first  class  or  cities  under  special 
charter,  board  consists  of  seven  members,  2754;  in  all  other  independent 
school  districts,  board  consists  of  five  members,  2754;  districts  of  5,000  or 
over  may  be  divided  into  election  precincts,  2755;  any  city,  town,  or  village, 
of  over  100  may  become  the  basis  of  an  independent  school  district,  2794. 

Postage,  for  use  of  county  superintendent,  2742;  in  appeal,  must  be  paid  by  party 
aggrieved,  2820. 

Posting  of  notices,  see  Notice. 

Precincts,    ee  Election  Precincts. 

President,  acts  as  judge  of  election, 2746;  elected  from  board  by  ballot, 2757;  may 
call  special  meeting  of  board,  2757;  any  member  may  administer  oath  of  qual- 
ification to,  2758;  vacancy  in  office  of,  filled  by  appointment,  2758;  duties  of, 
2759;  signs  all  contracts,  2759;  presides  at  meetings  of  board,  2759;  signs  drafts 
on  county  treasurer,  2759;  appears  for  district  in  suits,  2759;  bonds  of  secretary 
and  treasurer  filed  with,  2760;  brings  action  on  breach  of  bond,  2760;  tempo- 
rary, appointed,  2772;  signs  contract  with  teacher,  2778;  approves  contiact 
made  by  director  of  subdistrict  and  reports  same  t)  board,  2785;  certifies 
account  for  tuition  to  county  auditor,  2803;  receives  notice  of  apportionment^ 
2808;  draws  draft  on  county  treasjrer,  2810;  signs  district  bonds,  2812;  must 
enforce  compulsory  attendance  law,  p.  108. 

Property,  schoolhouse  or  other,  may  be  disposed  of  by  annual  meeting,  2749; 
may  be  disposed  of  by  special  meeting,  when  schoolhouse  is  destroyed,  2750; 
value  of,  reported  by  secretary;  2765;  rules  tor  care  of,  made  by  board,  2772; 
schoolhouse,  may  be  fenced  by  board,  2773;  may  be  insured,  2783;  when 
schoolhouse  tax  is  levied  on  subdistrict,  county  treasurer  shall  keep  amount 
separate,  2810;  tax  on  property  of  district  shall  be  levied  by  board  of  super- 
visors to  pay  judgment  indebtedness,  2811;  tax  to  pay  bonds  shall  not  exceed 
five  mills  upon  the  dollar,  2813. 

Propositions  submitted,  to  establish  county  high  school,  2728;  notice  of  annual 
meeting  given  by  secretary  shall  name  propositions  directed  by  the  board  to 
be  submitted,  2746;  board  may  give  notice  in  call  for  annual  meeting  that  cer- 
tain propositions  named  will  be  submitted,  2749;  on  written  request  of  voters, 
board  must  give  notice  that  proposition  will  be  submitted,  2749;  notice  of  sub- 
district  meeting  shall  name  amount  of  schoolhouse  tax  to  be  voted  for,  2751; 
for  special  schoolhouse  tax  by  subdistrict,  2753;  in  each  precinct  of  districts 
having  5,000  or  over  divided  into  election  precincts,  2755;  votes  for  and  against 
each,  to  be  recorded  by  secretary,  2761;  to  change  or  displace  text-books 
before  expiration  of  contract,  2829;  to  vote  on  county  uniformity,  2831;  to  vote 
on  free  text-books,  2836. 

Proposals  to  build,  to  exceed  $300,  invited  by  advertisement ,  2779. 

Publication,  see  Newspaper. 

Pupil,  see  Scholar. 

Qualification  for  office,  of  deputy  superintendent  public  instruction,  2621; 
of  secretary  and  treasurer  normal  school,  2675;  of  trustees  county  h'gh  school, 


INDEX. 


165 


2729;  of  secretary  and  treasurer  county  high  school,  2729;  by  director,  2758; 
by  president  of  board,  2758;  time  of,  for  secretary  and  treasurer,  ten  days, 
2760;  by  member  or  offi:er  appointed,  2771;  by  directors  of  new  independent 
school  district,  2795. 

Qualification  of  sureties,  see  Sureties. 

Questions  to  be  voted  on,  see  Propositions  Submitted. 

Quorum,  majority  of  board  shall  constitute,  2771. 

Rate  of  taxation,  see  Taxes. 

Receipts  and  expenditures,  statement  of,  made  to  annual  meeting,  2780;  in 
city  or  town  districts,  published  two  weeks  before  annual  meeting,  2781;  of 
normal  institute  fund,  must  be  published,  2738. 

Record,  by  superintendent  public  instruction,  2621;  by  board  educational  exam- 
iners, 2633;  by  board  trustees  normal  school,  2680;  by  board  trustees  county 
high  school,  2729;  of  examination  of  teachers,  2733;  of  result  of  voting  in  dis- 
tricts of  5,000  or  over,  divided  into  election  precincts,  2755;  of  vote  forofl&cers 
of  board,  made  by  secretary,  2757;  secretary  keeps  complete,  2761;  secretary 
makes  full  record  of  votes  at  annual  meeting,  2761;  secretary  prepares  register 
of  persons  of  school  age,  2764;  treasurer  keeps  account  of  receipts  and  expendi- 
tures, 2768;  of  enumeration  made  by  director  of  subdistrict,  2785;  daily 
register  kept  by  teacher,  2789;  proper  record  made  on  plat  of  district  when 
territory  is  attached,  2791;  changes  in  subdistrict  boundaries,  shall  be  shown 
on  plat  of  school  township;  2801;  of  changes  in  subdistrict  boundaries  shall  be 
made  by  county  treasurer  and  auditor,  2801;  of  persons  to  whom  bonds  are 
sold,  kept  by  treasurer,  2812;  of  report  of  referees,  2815;  transcript  of,  in 
appeal,  certified  by  secretary,  2819;  of  costs  of  appeal  filed  with  clerk  of  dis- 
trict court,  2821;  of  proceedings  county  board  education  kept  in  office  of 
county  superintendent,  2833;  of  books  purchased  for  school  libraries,  p.  104, 

Referees,  to  assess  damages  when  site  is  condemned,  2815;  oath  of,  2815;  shall 
report  in  writing,  2815;  report  of,  filed  and  preserved  in  office  of  county  super- 
intendent, 2815;  either  party  may  appeal  from  assessment  by,  2815;  cost  of 
assessment  by,  paid  by  school  district,  2815. 

Register,  of  voters  in  districts  of  5,000  or  over,  divided  into  election  precincts, 
furnished  and  revised,  2755;  by  secretary,  of  persons  of  school  age,  2764; 
teacher  must  keep,  2789;  files  copy  with  secretary,  2789;  of  bonds  in  office  of 
county  auditor,  2812;  of  persons  to  whom  bonds  are  sold,  2812. 

Registrars,  shall  be  appointed  in  each  election  precinct  in  school  corporations  of 
5,000  or  more  inhabitants,  2755;  qualification,  duties,  and  compensation  of , 
2755. 

Registration  of  voters,  see  Register. 

Reports,  from  county  superintendents  preserved,  2621;  from  superintendent  pub- 
lic instruction,  2625;  of  enumeration  by  superintendent  public  instruction  to 
auditor  of  state,  2625;  from  board  educational  examiners,  2633;  from  board 
trustees  normal  school,  2680;  from  board  trustees  county  high  school,  2731; 
from  county  superintendent  annually,  2739;  of  blmd,  deaf  and  dumb,  and  fee- 
ble minded,  by  county  superintendent,  2739;  copies  of,  preserved  by  secretary, 
2761;  secretary  to  make  annually,  2765;  name  and  postoffice  of  officers  reported 
to  county  superintendent  and  treasurer,  2766;  treasurer  to  make  annually, 
2769;  director  of  subdistrict  to  make  to  secretary,  2785;  teacher  shall  file  with 
county  superintendent  such  reports  as  he  may  require,  2789;  of  interest  on 
permanent  school  fund,  2809;  county  auditor  of  sales  of  school  laws,  p.  100; 
from  principal  or  superintendent  of  persons  taking  teacher's  course  in  accredited 
schools,  p.  105;  from  principal  of  private  or  parochial  school  to  secretary,  p.  106; 


166  INDEX. 

of  truants,  from  school  officers  to  secretary,  p.  108;  from  county  superin- 
tendent to  be  published,  2738. 

Residence,  of  students  in  normal  school,  2676;  of  students  in  county  high  school, 
2733;  of  voter  at  school  meeting,  2747;  of  officer  or  member  of  board,  2748;  of 
person  between  5  and  21  entitles  him  to  school  privileges,  2773;  scholars  from 
another  district  may  attend,  2803;  scholars  not  having  residence  in  discnct, 
may  be  admitted,  2504;  schoolhousemay  not  be  located  by  condemnation  nearer 
than  forty  rods  of,  if  owner  objects,  2814. 

Reversion,  of  schoolhouse  site  to  owner,  2816. 

Revocation,  of  teacher's  certificate,  2731. 

Right  to  vote,  see  Voters. 

Roads,  see  Highways. 

Room,  provided  for  examination  at  county  seat,  2735;  may  be  rented  and  teacher 
employed  for  ten  or  more  children,  2774;  kindergarten,  may  be  established  in 
independent  school  districts,  2777;  $25  annually  of  contingent  fund  may  be 
used  for  each,  to  purchase  library  books  and  apparatus,  2783;  tuition  and  con- 
tingent expenses  based  upon  room  in  which  child  attends,  2803. 

Rules  AND  regulations,  board  trustees  normal  school  shall  make,  2676;  prin- 
cipal county  high  school  shall  make,  2732;  board  directors  shall  make  for  its 
own  government,  2772;  for  officers  and  others,  2772;  for  care  of  schoolhouse 
and  other  property,  2772;  board  shall  aid  teachers  in  enforcing,  2782;  board 
may  expel  scholar  for  violation  of,  2782;  for  government  of  director  of  subdis- 
trict;  2785;  for  sale  of  books  and  supplies,  2824;  of  county  board  of  education, 
2832;  to  govern  use  of  free  text-books,  2837. 

Rural  independent  school  district,  corporate  name,  2744;  annual  meeting, 
2746;  number  of  directors,  2754;  polls  open  at  1  p.  m.  and  remain  open  not 
less  than  two  hours,  2754;  no  teacher  or  other  employe  eligible  as  secretary, 
2757;  change  of  boundaries  in  same  civil  township,  2793;  formation  of,  2797; 
subdivision  of,  2798;  uniting  of,  2799;  erection  into  a  school  township,  2800. 

Salaries,  see  Compensation. 

Sjlle  of  property,  may  be  directed  by  voters,  at  regular  meeting,  2749;  at 
special  meeting,  2750. 

Scholar,  register  of  all  of  school  age  kept  by  secretary;  2764;  report  of  number 
enrolled  and  average  attendance,  2765;  report  for  deaf  and  dumb,  blind,  and 
feeble-minded,  2765;  board  shall  make  rules  for  governmen  of,  2772;  school- 
ho'ise  located  for  convenience  of,  2773;  board  determines  particular  school 
ea  ti  shall  attend,  2773;  must  attend  school  designated  by  board,  2773;  an 
ac  aal  resident  shall  be  allowed  to  attend  free  ot  tuition,  2773;  additional 
sc  ool  may  be  provided  for  any  ten  or  more,  2774;  instruction  of ,  maybe  pro- 
v;  ed  for  in  another  district,  2774;  board  may  pay  transportation  of,  2774; 
must  receive  instruction  in  effects  of  stimulants,  2775;  board  may  expel,  2782; 
teacher  may  dismiss,  2782;  may  be  readmitted,  2782;  books  maybe  loaned  to, 
2783;  indigent,  may  be  supplied  with  school  books,  2783;  enumeration  of,  by 
director  of  subdistrict,  2785;  shall  be  required  to  explain  kind  and  plan  of 
articles  exhibited  at  industrial  exposition,  2786;  teacher's  register  of,  must  be 
kept,  2789;  may  attend  in  another  district,  2803;  school  age  of,  2804;  non- 
resident may  attend,  2804;  shall  not  be  required  to  read  bible,  2805;  apportion- 
ment based  on  number  of,  2808;*  text-books  loaned  to,  2837;  responsible  for 
damage  to  books,  2837;    shall  be  allowed  to  purchase  books  at  cost,  2837. 

School,  maybe  visited  by  county  superintendent,  2735;  must  be  visited,  when 
requested  by  board,  2735;    voters  may  instruct  that  added  branches  shall  be 


INDEX. 


167 


taught  in,  2749;    secretary  notifies  county  superintendent  when  each  begins, 
2765;    secretary  reports  to  county  superintendent    for  each,  2765;    board  pre- 
scribes course  of  study  for,  2772;    board  determines  number  of,  2773;    deter- 
mines particular  school  each  child  shall  attend,  2773;    designates  period  each 
shall  be  held,  2773;    shall  be  free  of  tuition  to  all  residents,  2773;    shall  con- 
tinue at  least  twenty-four  weeks  in  each  school  year,  2773;    county  supermtend- 
ent  may  excuse  board  from  maintaining,  2773;   shall  -not  be  in  session  during 
teachers'  institute  except  by  permission,  2773;    extra  school  for  ten  or  more 
children,  2774;    board   may  secure  advantages  of  attendance  in  another  dis- 
trict, 2774;    board   may  pay  transportation   of  children   to   and   from,  2774 
effects  of  stimulants  must  be  taught  in,  2775;    graded  or  union  may  be  estab 
lished,  2776;    person    to  have  general  supervision  of,  may  be  selected,  2776 
kindergarten   department  may  be  established  in  any  independent  school  dis 
trict,  2777;  board  shall  provide  for  visiting,  2782;   scholar  expelled  from,  2782 
scholar  dismissed  by  teacher,  2782;  library  books  and  apparatus  for  each,  2783 
board  shall  provide  water-closets  for,  2784;    director  of  subdistrict  cares  for 
schools,  2785;   industrial  exposition  in,  2786;    teacher  of,  must  hold  valid  cre- 
dential, 2788;    teacher  keeps  register  of,  2789;  files  register  of,  2789;    attend- 
ance in  another  district,  2803;  age  for  attendance,  2804;    attendance  of  non- 
residents, 2804;    bible  not  excluded  from,    2805;    taxes  for  support  of,  2806; 
county  tax  for,  2807;  semi-annual  apportionment  for,  2808;    in  cities  or  towns, 
exempted  from  county  uniformity,  2835;    free  text-books  for,  2837;    corpora- 
tions may  accept  bequests,  p.   101;   libraries,  how  selected  and  managed,  p. 
103;    accredited,  what  is,  p.  105;    visitation  of  by  board  of  examiners,  p,  105; 
census  of  persons  between  7  and  14  years  of  age,  p.  108;  fund  and  lands  under 
control  of  general  assembly,  p.  109. 

School  board,  see  Board  of  Directors. 

School  bonds,  see  Bonds. 

School  books,  see  Text-books. 

ScHuOL  DiRFCTORS,  scc  Board  of  Directors. 

School  district,  each  existing  continues,  2743;  may  sue  and  be  sued,  2743;  has 
exclusive  jurisdiction  over  territory  in,  2743;  every,  a  body  corporate,  2743; 
name  of,  2744;  board  of,  2745,  annual  meeting  of,  2746;  right  to  vote  in,  2747; 
qualiftcations  for  officer  of,  2748;  powers  of  voters,  2749;  special  meeting  of 
voters,  2750;  meetings  of  directors,  2757;  election  of  officers,  2757;  qualification 
of  directors,  2758;  vacancies  in  office  filled  by  appointment,  2758;  duties  of 
president,  2759,  suit  to  be  brought  in  name  of,  2759;  bonds  of  secretary  and 
treasurer,  2760;  duties  of  secretary,  2761-2767;  duties  of  treasurer,  2768-2769; 
quorum  of  board,  2771;  vacancies  in  officers  or  members  filled  by  ballot,  2;'71; 
schoolhouse  site  for,  2773;  division  of,  for  school  purposes,  2773;  may  maintain 
higher  schools,  2776;  all  contracts  in,  made  by  board.  2778;  compensation  of 
secretary  and  treasurer,  2780;  claims  against,  audited  by  board,  2780;  may 
have  territory  attached ,  2791;  territory  restored,  2792;  when  boundaries  are 
changed,  boards  continue  to  act,  2802;  assets  and  liabilities  divided;  2802 
arbitrators  may  be  appointed,  2802;  either  party  may  appeal  to  district  court, 
2802;  attendance  from  another  district,  2803;  taxes  for  school  purposes  esti 
mated,  2806;  levy  of  taxes,  2807;  apportionment  to,  by  county  auditor,  2808 
taxes  paid  to,  2810;  judgment  paid  by,  2811;  tax  to  pay  bonds  or  interest  due, 
2813;  may  take  schoolhouse  site  by  condemnation,  2814;  may  not  use  barbed 
wire,  2817;  provisions  of  law  apply  alike  to  every,  unless  otherwise  stated, 
2823;  may  adopt  text-books  if  county  uniformity  is  not  in  force,  2824;  may 
provide  free  text-books,  2836;  may  discontinue  loaning  text-,  ooks,  2837. 

School  klections,  see  Election. 


168  INDEX. 

School  grounds,  see  Schoolhouse  Site. 

SCHOOLHOUSK,  voters  may  sell  or  otherwise  dispose  of,  2749;  voters  may  direct 
use  of,  2749;  voters  may  provide  roads  to,  2749;  voters  may  direct  that,  shall 
be  used  for  meetings  of  public  interest,  2749;  voters  at  annual  meeting  may 
vote  tax  to  build,  2749;  voters  of  district  vote  tax  to  build,  at  special  meeting, 
2750;  voters  of  subdistrict  vote  tax  to  build,  2753;  notice  of  district  meetings 
shall  be  posted  at  the  door  of  each,  2763;  board  has  care  of,  2772;  s.te  fixed  by 
board,  2773;  site  fenced  by  board,  2773  and  p.  99;  plans  for,  approved  by  county 
superintendent,  2779;  when  built  or  repaired  to  extent  of  over  $300,  must  be 
by  advertisement,  2779;  may  be  insurred,  2783;  water-closets  for,  must  be 
provided,  2784;  board  may  authorize  director  of  subdistrict  to  look  after,  2785; 
may  not  b3  inclosed  with  barbed  wire,  2817;  location  of,  when  site  is  con- 
demned, 2814. 

ScHooLHOusK  FUND,  see  Funds. 

Schoolhouse  site,  fixed  by  board,  277^;  fenced  by  board,  2773  and  p.  99;  shade 
trees  on,  2787;  in  city  or  town,  may  include  entire  block,  2814;  taken  by  con- 
demnation must  be  on  public  highway,  2814-2815;  reversion  to  owner,  2816; 
may  not  be  fenced  with  barbed  wire,  2817;  fencing  of,  p.  99. 

School  laws,  publication  of.  2624;  in  cloth,  how  distributed,  2624;  in  paper 
covers,  how  distributed,  2524;  to  be  delivered  to  successor,  2624;  amendments 
to,  published,  2624;  amendments  to,  distributed,  2624;  volume  of,  surrendered 
to  successor,  2770;  for  sale  by  county  auditor,  p.  100. 

School  month,  is  of  four  school  weeks  of  five  days  each,  2778. 

School  officer,  see  title  of  officer. 

School  orders,  see  Orders. 

School  taxes,  see  Taxes. 

School  teachers,  see  Teachers. 

School  township,  corporate  name,  2744;  board  of,  2745;  annual  meeting,  2746; 
number  of  directors,  2752;  polls  must  open  at  1  p.  m.  and  remain  open  not  less 
than  two  hours,  2754;  duties  of  director  in  subdistrict  of,  2785;  newly  formed, 
2790;  formed  from  rural  independent  school  districts,  2800;  .divided  into  sub- 
districts,  2801;  apportionment  of  schoolhouse  tax  among  subdistricts  of,  2806. 

School  warrants,  see  Orders. 

School  week,  is  of  five  school  days,  2773;  compensation  of  teacher  may  be 
agreed  to  for,  2778. 

School  year,  see  Year. 

Secretary,  board  trustees  normal  school  elected,  2675;  compensation  of,  2681;  of 
board  trustees  county  high  school,  2729;  of  subdistrict  meeting,  2751;  of  county 
board  of  education,  2833. 

Secretary,  acts  as  judge  of  annual  election,  2746;  if  no  subdirector,  gives 
notice  of  subdistrict  meeting,  2751;  certifies  special  schoolhouse  tax,  2753; 
chosen  outside  of  board,  2757;  elected  by  ballot,  2757;  records  vote,  2757; 
in  independent  districts  no  teacher  or  other  employe  of  board  eligible  as, 
2757;  appears  in  suits  when  president  is  a  party,  2759;  gives  bond,  2760;  takes 
oath,  2760;  qualifies  within  ten  days,  2760;  files  copies  of  reports  and  papers, 
2761;  keeps  a  complete  record,  2761;  keeps  a  separate  account  of  each  fund, 
2761;  keeps  an  accurate  account  of  all  expenses,  2761;  presents  account  of 
expenses  to  board  to  be  audited,  2761;  keeps  record  of  votes  at  annual  meet- 
ing, 2761;  countersigns  warrants  and  drafts,  2762;  draws  orders,  2762;  keeps 
register  of  orders,  2762;  furnishes  board  copy  register  of  orders,  2762;  gives 
notice  of  all  meetings,  2763;  prepares  register  persons  of  school  age,    2764^ 


INDEX.  169 

reports  each  school  to  county  superintendent,  2765;  files  report  annually  with 
county  superintendent,  2765;  reports  name  and  postoffice  of  officers,  2766;  cer- 
tifies taxes,  2767;  vacancy  in  office  of,  filled  by  board,  2771;  temporary, 
appointed,  2772;  files  contract  of  teacher,  2778;  compensation  of,  fixed  by  board, 
2780;  records  list  of  enumeration  made  by  director  of  subdistrict,  2785;  records 
order  attaching  territory,  2791;  gives  notice  of  election  to  unite  rural  inde- 
pendent school  districts  into  a  school  township,  2800;  delivers  copy  of  descrip- 
tion of  subdistricts  to  county  treasurer  and  auditor,  2801;  countersigns  bonds, 
2812;  files  transcript  of  record  in  appeal,  2819. 

Sbmi- ANNUAL  APPORTIONMENT,  number  persons  for,  reported  to  auditor  of  state, 
2625;  number  persons  for,  filed  with  county  auditor,  ^739;  taken  into  account 
in  estimating  teachers'  fund,  2806;  made  by  county  auditor,  2808;  not  less  than 
five  nor  more  than  fifteen  cents  per  person  of  school  age  may  be  withheld  for 
library  fund,  p.  103, 

Sex,  see  Women. 

Shade  trees,  see  Trees. 

Sites,  s  e  Schoo' house  Site. 

Special  meeting,  of  any  district  to  sell  propertv  or  vote  a  tax,  2750;  of  subdis- 
trict, 2753;  of  board,  2757;  notice  of,  2757;  may  be  called  by  president,  2757; 
may  be  called  by  written  request  of  a  majority  of  the  board,  2757;  form  of 
notice  for,  2763;  to  organize  new  township,  2790;  to  form  independent  school 
district,  2794;  to  organize  rural  independent  school  districts,  2797;  to  subdi- 
vide independent  district,  2798;  to  unite  independent  districts,  2799;  to  unite 
rural  independent  school  districts  into  a  school  township,  2800;  of  board  to 
change  subdistrict  boundaries,  2801;  to  estimate  school  taxes  2806;  to  vote 
bonds,  2812. 

State  Auditor,  see  Auditor  of  State. 

State  certificate,  see  Certificate  and  Diploma. 

State  college  of  agriculture  and  mechanic  arts,  act  of  congress  relating 
to,  p.  112;  grant  of  land  for,  p.  113;  acceptance  of  grant  by  the  state,  2645; 
to  be  governed  by  board  of  trustees,  2646;  courses  of  study.  2647;  tuition  and 
rules  of  admission,  ^649;  duties  of  president,  2651;  secretary,  duties  of,  2652; 
intoxicating  liquors  not  to  b    sold  within  a  distance  of  three  miles  from.  2673. 

Statement,  of  expenses  attending  official  meetings,  made  by  county  superin- 
tendent, 2742;  rendered  by  treasurer  to  board  at  anytime,  2769;  of  receipts  and 
expenditures,  made  to  annual  meeting,  2780;  in  independent  school  districts, 
published  in  newspaper,  2781. 

State  treasurer,    see  Treasurer  of  State. 

State  university,  how  governed,  2635;  powers  of  board  of  regents,  2635; 
officers  of  board,  how  elected,  and  tenure  of  office,  2635;  president  and  pro- 
fessors, how  elected^  2635;  apparatus— library,  and  cabinet  of  natural  history 
of,  2639;  object,  departments,  degrees,  2640;  reports  to  board  of  regents, 2641; 
report  by  regents  to  the  governor,  2641. 

Stationery,  for  use  of  county  superintendent,  2742. 

Statistics,  see  Reports. 

Stimulants,  see  Alcoholic  Drinks. 

Studies,  see  Course  of  Study. 

Subdistrict,  a  subdivision  of  a  school  township,  2744;  director  for,  elected  for 
one  year, 2745;  right  to  vote  in, 2747;  qualifications  for  director  of, 2748;  annual 
meeting  of,  2751;  notice  of  amount  of  schoolhouse  tax  to  be  voted  in,  2751; 
notice  of  annual  meeting  in,  2751;  powers  of  annual  meeting,  2751;  meeting 


170  INDEX. 

shall  not  organize  earlier  than  9  a.  m.  ,  nor  adjourn  before  12m.  ,  27.^1;  embrac- 
ing entire  school  township,  2752;  special  meetini?  of,  to  vote  schoolhouse  tax, 
2753;  vote  of  schoolhouse  tax  in, certified  to  secretary  of  school  township,  2753; 
schoolhouse  tax  voted  by,  levied  on  subdistrict,  2753;  director  of ,  may  be 
instructed  to  make  certain  contracts,  2785;  director  of,  shall  prepare  list 
children  of  school  age,  2785;  director  of,  shall  report  list  to  secretary,  2785; 
director  of,  may  hold  industrial  exposition,  2786;  may  be  formed  from  rural 
independent  school  districts,  2800;  may  be  created,  2801;  boundaries  of, 
changed  by  vote  of  majority  of  board,  2801;  boundaries  of,  conform  to  con- 
gressional lines,  2801;  plat  of,  to  be  made,  2801;  description  of,  to  be  recorded 
in  records  of  school  township,  2801;  copy  of  description  delivered  to  county 
treasurer  and  auditor,  2801;  changes  in  boundaries  of,  take  effect  first  Monday 
in  March,  2801. 

Subdistrict  meeting,  held  annually,  2751;  officers  of,  2751;  special,  to  vote 
schoolhouse  tax,  2753. 

SuBPCENAS,  for  witnesses,  may  be  issued  by  county  superintendent,  2821. 

Successor  in  office,  all  matters  turned  over  to,  by  superintendent  public 
instruction,  2621;  volume  of  school  laws  to  be  turned  over  to,  2624;  appointed 
member  board  educational  examiners  not  to  succeed  himself,  2628;  director 
holds  until  successor  is  elected  and  qualified,  2758;  county  auditor  must  ^turn 
over  copies  of  school  laws  to,  p.  101. 

Suffrage,  who  has  right  of,  2747. 

Suit,  to  recover  penalty  from  county  superintendent,  2741;  any  district  may  sue 
and  be  sued,  2743;  president  appears  for  district  in,  2759;  if  president  is  a 
party  in,  secretary  appears  for  district,  2759;  board  may  employ  counsel  in, 
2759:  brought  against  secretary  or  treasurer  in  case  of  breach  of  bond,  2760; 
for  wilful  failure  or  refusal  lo  perform  duty,  2822;  brought  in  name  of  county, 
2822;  on  bond  of  publisher  of  text-books,  2827;  against  school  officer  acting  as 
agent  for  text  books  or  supplies,  2834. 

SuPFRiNTENDENT  PUBLIC  INSTRUCTION,  Shall  have  officc  in  capitol,  2621;  may 
appoint  deputy,  2621;  files  papers,  reports,  and  documents,  2622;  keeps  record 
of  things  done,  2622;  turns  over  office  to  successor,  2622;  is  charged  with  gen- 
eral supervision  of  all  county  superintendents  and  the  common  schools,  2622; 
may  meet  county  superintendents  in  convention,  2622;  shall  appoint  teachers' 
institutes,  2622;  shall  attend  teachers'  institutes,  2622;  snail  render  opinions 
/on  the  school  law,  2623;  shall  determine  cases  on  appeal  from  county  superin- 
tendents, 2623;  shall  have  school  laws  printed  and  distributed,  2624;  shall  have 
amendments  distributed,  2624;  may  subscribe  for  educational  school  paper, 
2624;  may  furnish  copy  of  paper  to  county  superintendents,  2624;  shall  report 
to  auditor  of  state  number  persons  of  school  age,  2625;  shall  report  biennially 
to  the  governor,  2625;  shall  receive  and  transmit  $50  for  each  institute,  2626; 
salary  of,  2627;  traveling  expenses  of,  2i27;  is  president  board  educational 
examiners,  2628;  is  president  board  trustees  normal  school,  2675;  receives 
reports  from  county  superintendents,  2739;  approves  course  of  study  for  graded 
or  union  schools,  2776;  receives  certificate  of  qualification  of  county  superin- 
tendent, 2809;  hears  appeal  fn^ra  county  superintendent,  2820;  shall  not  render 
a  judgment  for  money,  2820;  receives  report  from  county  superintendent  of 
list  of  text  books  adopted,  2833. 

Supervision,  by  superintendent  public  instruction,  2622;  by  county  superintend- 
ent, 2735;  by  board  of  directors,  2772;  by  person  selected  by  board,  2776. 

Sureties,  of  treasurer  normal  school,  2675;  of  trustees  county  high  school,  2729; 
of  treasurer  county  high  school,  2729;  of  secretary  acd  treasurer  of  board, 


INDEX.  ^Yl 

2760;  of  contractor  to  build,  2779;  of  person  to  keep  books  and  supplies  for  sale 
for  district,  2824;  of  contractor  to  furnish  books  and  supplies,  2830;  bonds  o'f 
surety  companies  accepted,  2830. 

SURKTY  COMPANIES,  bonds  of,  shall  be  accepted  on  bond  of  contractor  to  furnish 
text-books,  2830. 

Suspension,  see  Expulsion  of  Scholar. 

TAXdS,  estimated  by  board  trustees  county  high  school,  2730;  women  may  vote 
upon  question  of,  2747;  voters  may  vote  sctioolhouse,  at  annual  meeting,  2749. 
board  may  give  notice  that  proposition  to  vote,  will  be  submitted,  2749;  board 
shall  give  notice  that  proposition  to  vote,  will  be  submitted,  2749;  may  be 
voted  at  a  special  election,  2750;  notice  given  by  director  of  subdistrict 
district  that  schoolhouse,  will  be  voted,  2751;  voted  at  special  meeting  of  sub- 
district,  2753;  shall  not  exceed  in  all  fifteen  mills  on  the  dollar,  2753;  certified 
by  secretary  of  subdistrict  meeting,  to  secretary  of  school  townsnip,  2753; 
levied  by  board  of  supervisors  upon  property  of  subdistrict  only,  when,  2753; 
president  signs  drafts  for  taxes  collected,  2759;  secretary  certifies  to  board  of 
supervisors  amount  fixed  for  contiugent  and  teachers'  mnd,  2767;  stcret.iry 
certifies  schoolhouse  tax  voted  at  regular  or  special  meeting,  2767;  secretary 
certifies  provision  made  for  payment  of  principal  or  interest  of  bonds  due, 
2767;  collected  for  building  schoolhouses,  called  schoolhouse  fund,  2768;  col- 
lected for  expenses  necessary  to  keep  the  schools  in  operation,  the  contingent 
fund,  2768;  collected  for  tne  payment  of  teachers,  the  teachers'  fund,  2768; 
board  estimates  and  publishes  amounts  necessary  to  maintain  schools,  2781;  to 
purchase  free  text-books  provided  by  board,  2783;  void  for  school  township 
when  independent  school  district  is  created,  2796;  when  independent  school 
district  is  formed,  board  estimates  and  certifies  all  necessary  taxes,  and  board 
of  supervisors  levies  same,  2796;  for  teachers'  and  contingent  funds,  deter- 
mined by  board  by  third  Monday  in  May,  2806;  limit  of,  for  contingent  fund, 
2806;  for  uniformity  of  text-books,  2806;  limit  of,  for  teacners'  fund,  2806;  on 
territory  in  adjoming  counties,  may  be  estimated  in  mills,  2806;  for  school- 
house  fund ,  apportioned  among  subdistricts,  2806;  levy  by  board  of  supervi- 
sors, 2807;  levy  of  schoolhouse  tax  voted  at  special  meeting,  2807;  levy  of  one 
to  three  mills  county  tax,  2807;  apportioned  by  county  auditor,  2808;  presi- 
dent to  be  notified  of  tax  collected,  2808;  president  issues  warrant  in  favor  of 
district  treasurer,  2808;  county  treasurer  gives  notice  of  amount  collected, 
2810;  county  treasurer  pays  to  district  treasurers  quarterly,  2810;  county 
treasurer  keeps  separate  tax  levied  directly  upon  a  subdistrict,  2810;  voters 
vote  tax  to  pay  judgment,  2811;  if  voters  do  not  vote  tax  to  pay  judgment, 
board  certifies  amount  required  to  board  of  supervisors,  who  shall  levy  tax, 
2811;  board  fixes  amount  necessary  to  pay  principal  or  interest,  if  needed, 
2813;  board  certifies  to  board  of  supervisors  not  to  exceed  $1.50  annually  for 
each  person  of  school  age,  on  contingent  fund,  for  text- books  and  supplies  to 
be  resold,  2825;  not  exceeding  five  dollars  for  each  person  of  school  age  for 
transporting  children,  2806. 

Teachers,  number  in  the  state  reported,  2625;  state  certificates  and  diplomas  to, 
2629;  state  certificate  to  primary  teachers,  2630;  shall  have  state  certificate  or 
diploma  registered  with  county  superintendent,  2632;  may  attend  normal 
school,  2676;  in  normal  school  reported,  2680;  in  county  high  school  reported, 
2^31;  receive  blanks  and  circulars  through  county  superintendents,  2735; 
county  examination  of,  last  Friday  and  Saturday  in  each  month,  2735;  exam- 
ination of,  to  be  public,  2735;  special  examination  of,  2735;  examination  in 
the  usual  subjects,  2736;  examination  in  special  studies,  2736;  shall  not  be 
employed   to  teach  any  study  not  mcluded    m  certificate,  2736;  usual    certifi- 


172  INDEX. 

cate  not  to  exceed  term  of  one  year,  2737;  certificate  for  two  years,  2737; 
certificate  may  be  re /oked  after  an  investigation,  2737;  when  certificate  shall 
be  revoked,  2737;  normal  institute  held  for,  annually,  2738;  fee  for  registra- 
tion at  institute,  2738;  fee  of  appHcant  for  examination,  2738;  number 
employed  reported  by  secretary,  2765;  money  received  for  payment  of,  the 
teachers'  fund,  2768;  rules  and  regulations  for  government  of,  made  by  board, 
2772;  must  give  instruction  in  effects  of  alcoholic  stimulants,  2775;  in  kinder- 
gartens must  hold  kindergarten  certificate  from  county  superintendent,  2777; 
elected  by  board  in  all  cases,  2778;  contracts  with,  what  they  must  contain, 
2778;  contracts  with,  signed  by  president  and  teacher,  2778;  contracts  with, 
filed  with  secretary,  2778;  aided  in  government  of  school  by  board,  2782;  may 
by  majority  vote  of  board  be  discharged,  2782;  before  being  discharged  shall 
have  fair  trial,  2782;  may  temporarily  dismiss  a  scholar,  if  empowered  by 
board,  2782;  may  readmit  a  scholar,  if  dismissed  by  teacher,  2782;  may  not  be 
employed  unless  having  a  valid  certificate  of  qualification ,  2788;  may  not  be 
paid  from  school  funds  for  teaching  without  a  certificate,  2788;  shall  keep 
daily  register,  2789;  shall  keep  separate  register  for  nonresident  scholars,  2789; 
shall  file  copy  of  register  with  secretary,  2789;  shall  file  reports  with  county 
superintendent,  2789;  may  not  act  as  agent  or  dealer  in  text-books  or  supplies, 
2834;  course  in  accredited  schools,  p.  105;  must  pass  an  examination  in  the 
elements  of  vocal  music,  p.  102;  library  books  may  be  loaned  to,  p.  104;  shall 
be  responsible  for  care  of  library,  when,  p.  105;  must  report  violations  of 
compulsory  school  law,  p.  108. 

Teacher's  contract,  see  Contracts. 

Teachers'  normal  institutes,  appointed,  2622;  must  remain  in  session  at  least 
six  days,  2622;  superintendent  public  instruction  shall  attend,  2622;  aided  by 
state  appropriation  of  $50  annually,  2626;  county  superintendent  shall  hold 
annually,  2738;  registration  fee  from  each  person  attending,  2738;  institute 
fund,  2738;  board  of  supervisors  may  appropriate  additional  sum  for,  2738; 
disbursement  of  fund  shall  be  only  for  services  rendered  or  expenses  incurred, 
2738;  elements  of  vocal  music  must  be  taught  in,  p.  102;  report  of  expendi- 
tures to  be  published,  2739. 

Term  of  office,  member  board  educational  examiners  appointed  for  four  years, 
2628;  of  member  board  trustees  county  high  school,  2729;  of  member  board  of 
directors,  2745;  of  treasurer  in  independent  school  districts,  2754;  of  president 
of  board,  2757;  of  secretary  and  treasurer,  2757;  of  member  board  of  directors 
appointed.  2758;  director  shall  hold  office  for  the  term  to  which  he  is  elected, 
2758;  and  until  his  successor  is  elected  and  qualified,  2758;  at  end  of,  books 
shall  be  surrendered  to  successor,  2770;  when  independent  school  district  is 
organized,  2795. 

Territory,  each  district  has  exclusive  jurisdiction  over  all,  therein  contained, 
2743;  contained  in  ward  or  other  division  of  district  for  school  purposes,  2773; 
of  new  civil  township  constitutes  a  school  township,  2790;  may  be  attached  to 
adjoining  district,  if  natural  obstacles  intervene,  2791;  restored  to  district  to 
which  it  geographically  belongs,  2792;  change  of  boundary  lines  between 
independent  districts  in  same  civil  township,  2793;  contiguous,  may  be 
included  in  independent  school  district  at  formation,  2794;  taxes  void  upon 
part  of,  included  in  independent  school  district,  2796;  may  be  detached  from 
independent  districts  to  form  new  independent  district,  2798;  in  every  case  of 
transfer  of,  division  of  assets  and  liabilities  must  be  made,  2802;  school  tax  on, 
in  independent  district  where  nonresident  child  attends,  shall  be  deducted 
from  tuition,  2804. 


INDEX.  173 

Testimony,  taken  in  trial  of  an  appeal,  28 19;  witnesses  may  be  subpoenaed  to 
give,  in  trial  of  an  appeal,  2821. 

Text-books,  used  by  county  high  school  reported,  2731;  used  in  district  reported , 
2765;  furnished  to  indigent  children,  2783;  purchased  and  loaned  with  contin- 
gent fund,  2783;  board  of  directors  certifies  sum  authorized  under  district 
uniformity,  2806;  board  of  directors  in  county  not  having  uniformity  may 
adopt,  2824;  may  contract  for  and  buy,  2824;  books  and  supplies  to  be  under 
charge  of  board,  2824;  board  may  select  persons  within  the  county  to  keep 
books  and  supplies  for  sale,  2824;  bonds  shall  be  required  of  person  keeping 
books  and  supplies  for  sale,  2824;  paid  for  out  of  the  contingent  fund,  2825; 
amount  certified  annually  to  secure,  not  to  exceed  $1.50  for  each  person  of 
school  age  in  the  district,  2825;  no  debt  shall  be  contracted  to  purchase,  2825; 
in  purchasing,  books  in  use  must  be  taken  into  consideration,  2826;  board  may 
arrange  for  exchange  of,  2826;  must  be  furnished  at  very  lowest  price,  2827; 
before  purchasing,  notice  for  bids  must  be  given,  2828;  before  accepting  bid, 
competent  persons  may  be  consulted,  2828;  change  in,  not  to  be  made  within 
five  years,  unless  by  vote  of  electors,  2829;  samples  of,  filed  in  office  of  county 
superintendent,  2830;  samples  kept  for  public  inspection,  2830;  bond  taken 
from  contractor,  2830;  bonds  of  surety  companies  to  be  accepted,  2830;  petitions 
for  county  uniformity  of,  2831;  if  county  uniformity  carries,  county  board  of 
education  contracts  for,  2832;  depositories  for  sale  of,  arranged  for,  2832;  list 
of,  reported  by  county  superintendent  to  state  superintendent,  2833;  school 
officers  not  to  be  agents  for,  2834;  cities  and  towns  exempted  from  county  uni- 
formity, 2835;  cities  and  towns  may  buy  same  books  if  electors  so  decide,  2835; 
question  of  free  text-books  submitted,  2836;  if  voted,  boS.rd  shall  procure 
books  to  be  loaned,  2837;  board  shall  adopt  rules  and  regulations  for  preser- 
vation of,  2837;  any  scholar  allowed  to  purchase  at  cost,  2837;  no  free  text- 
books supplied  until  needed,  2837;  loaning  of,  may  be  discontinued,  2837. 

Tie  VOTE,  how  determined,  2754, 

Time,  of  holding  teachers'  normal  institute  fixed  by  superintendent  public 
instruction,  2622;  that  annual  meeting  will  be  in  session  must  be  stated  in 
notice,  2746;  that  subdistrict  meeting  will  be  held  shall  be  stated  in  notice, 
2751;  that  polls  must  remain  open,  in  different  districts,  2754;  that  special 
meeting  of  board  shall  be  held  must  be  given  in  notice,  2757;  secretary  and 
treasurer  shall  qualify  within  ten  days,  2760;  of  meeting,  stated  in  notice,  2763; 
teacher  must  be  given  reasonable  time  to  make  defense  against  charges,  2782; 
appeal  must  be  taken  within  thirty  days,  2818;  secretary  must  send  transcript 
within  ten  days,  2819;  county  superintendent  notifies  persons  when  appeal 
will  be  heard,  2819;  thirty  days'  notice  of  the  appeal  must  be  given  by  the 
appellant,  2820. 

Town,  may  become  basis  of  independent  school  district,  2794. 

Township,  see  Civil  Township,  and  School  Township. 

Transcript,  secretary  shall  be  notified  by  county  superintendent  to  furnish, 
2819;  secretary  shall  certify  transcript  to  be  correct,  2819;  after  transcript  is 
filed,  county  superintendent  shall  notify  in  writing  where  appeal  will  be  heard, 
2819;  of  costs  in  appeal  filed  in  office  of  clerk  of  court,  2821;  tax-levy  for, 
2806. 

Transfer,  a  surplus  in  the  schoolhouse  fund  may  be  transferred  to  teachers*  or 
contingent  fund  by  annual  meeting,  2749;  of  territory  to  adjoining  district, 
2791;  restoration  of  territory  to  district  in  which  it  geographically  belongs, 
2792;  by  change  of  boundaries  between  independent  districts  in  same  civil 
township,  2793;  assets  and  liabilities  must  be  divided  in  case  of,  2802. 


174  INDEX. 

Transportation  of  children,  board  may  arrange  for,  2774. 

Treasurer,  of  normal  school,  2675;  of  county  high  school,  2729. 

Treasurer,  in  certain  districts,  chosen  by  the  electors,  2754;  chosen  outside  the 
board,  2757;  elected  by  ballot,  2757;  gives  bond.  2760;  takes  oath  of  office,  2760; 
has  ten  days  in  which  to  qu-ilify,  2760;  receives  all  moneys,  2768;  pays  out 
moneys.  2-68;  keeps  account  of  receipts  and  expenditures,  2768;  registers  all 
orders,  2768;  keeps  separate  account  with  each  fund,  2768;  makes  partial  pay- 
ments, 2768;  indorses  unpaid  orders,  2768;  renders  statement  of  tinances, 
2769;  makes  annual  report  to  board,  2769;  files  copy  of  report  with  county 
5-uperintendent,  2769;  vacancy  in  office  of,  filled  by  board,  2771;  compensation 
fixed  by  board,  2780;  draws  money  from  county  treasury,  2808;  receives  taxes 
quarterly,  2810;  receives  bonds  and  is  charged  with  them,  2812;  sells  bonds 
and  applies  proceeds,  2812;  keeps  record  of  persons  to  whom  bonds  are  sold, 
2812;  proceeds  of  sale  of  school  laws  to  be  paid  to  county  treasurer,  p.  100 

Treasurer  of  state,  board  of  educational  examiners  pays  fees  to,  2631. 

Trees,  number  in  thrifty  condition  to  be  reported,  2765;  board  shall  have  twelve 
or  more  growing  on  each  schoolhouse  site,  2787;  for  failure  or  neglect  to  pro- 
tect, county  superintendent  shall  call  attention  of  board,  2787;  ground  included 
in  orchard,  may  not  be  taken  for  schoolhouse  site  by  cohdemnation,  2814. 

Trial,  before  state  certificate  or  diploma  may  be  revoked,  2631;  before  certificate 
of  teacher  may  be  revoked  by  county  superintendent,  2737;  before  teacher  may 
be  discharged  by  board,  2782;  of  appeal  to  county  superintendent,  2819;  of 
appeal  to  superintendent  of  public  instruction,  2820. 

Truant  officers,  how  appointed,  p.  107;  duties  of,  p.  107;  compensation  of,  p. 
108;  must  enforce  provisions  of  the  compulsory  school  law,  p.  108;  penalty  for 
failure  to  enforce  law,  p.  108. 

Truant  schools,  board  of  directors  may  establish,  p.  107;  rules  governing,  p. 
107;  punishment  of  insubordinate  children,  p.  107. 

Trustees,  see  Board  of  Trustees. 

Tuition,  in  normal  school,  2676;  in  county  high  school,  2733;  average  cost  per 
month  for  each  scholar,  reported  by  secretary,  2765;  every  school  free  of,  to 
actual  residents,  2773;  may  be  paid  by  board  in  another  district,  2774;  boards 
may  agree  upon,  2803;  when  child  attends  by  consent  of  board  and  county 
superintendent,  2803;  for  nonresident  children,  fixed  by  board,  2804;  school 
tax  paid  by  parent  whose  nonresident  child  attends,  may  be  deducted  from,  in 
independent  district,  2804;  in  State  College  of  Agriculture  and  Mechanic  arts, 
2649;  in  State  Normal  School,  2679. 

Uniformity  of  text-books,  see  Text-books. 

Union  schools,  see  Graded  Schools. 

University,  see  State  University. 

Unknown  owner,  see  Owner. 

Vacancy  in  office,  of  trustee  county  high  school,  how  filled,  2729;  in  board  of 
directors,  filled  by  appointment,  2758;  of  officer  or  member  oc  board,  filled  by 
ballot,  2771. 

Village,  may  become  basis  for  independent  school  district,  2794. 

Visitation  of  schools,  by  county  superintendent  at  his  discretion,  2735;  by 
county  superintendent  upon  request  of  a  majority  of  the  board,  2735;  provided 
for  by  board,  2782;  visitation  of  accredited  schools,  p.  105. 

Voters,  of  district  hold  annual  meeting,  2746;  who  may  vote,  2747;  powers  of,  at 
annual  meeting,  2749;  powers  of,  at  special  meeting  of  district,  2750;  of  sub- 
district,  hold  annual  meeting,  2751;    special  meeting   of   subdistrict,  to    vote 


INDEX.  175 

ffchoolhouse  tax,  2753;  register  of,  in  districts  of  5,000  or  over,  divided  into 
election  precincts,  2755;  petition  for  formation  of  independent  school  district, 
2794;  vote  on  formation  of  independent  school  district,  2794;  vote  on  forming 
independent  districts  from  subdistricts,  2797;  vote  on  subdividing  independent 
district,  2798;  vote  on  uniting  independent  districts,  2799;  vote  off  uniting  rural 
independent  school  districts  into  a  school  township,  2800;  vote  tax  to  pay 
judgment  indebtedness,  2811;  vote  on  issue  of  bonds  to  pay  judgment  indebt- 
edness, 2812;  in  independent  school  districts,  vote  to  issue  bonds  for  original 
indebtedness,  2812;  authorize  board  to  change  or  displace  text-books,  2829; 
vote  upon  county  uniformity,  2832;  in  cities  and  towns,  authorize  board  to 
adopt  books  used  in  county  uniformity,  2835;  authorize  free  text-books,  2836; 
direct  the  loaning  of  text-books  discontinued,  2837. 

Ward,  school  tax  paid  by  guardian  of  nonresident,  in  an  independent  district, 
deducted  from  tuition,  2804. 

Wards,   district  divided  into,  or  other  divisions ,  for  school  purposes,  2773. 

Warrants,  see  Orders. 

Water-closets,  board  shall  give  special  attentio  i  to  matter  of,  2784;  in  inde- 
pendent school  district,  shall  be  separated  by  solid  or  continuous  barrier, 
2784;  approaches  to  outside  doors  of,  separated  by  close  fence,  2784;  must  be 
kept  in  wholesome  condition  and  good  repair,  2784. 

Witnesses,  may  be  subpoenaed  in  appeal  by  county  superintendent,  2821;  attend- 
ance of,  may  be  compelled,  2821;  compensation  of,  2821. 

Women,  one  member  board  educational  examiners  must  be  a  woman,  2628;  county 
superintendent  may  be  i  woman,  2734;  right  to  vote  on  taxes  or  issuing  bonds 
not  denied  to  women,  2747;  any  school  ofl&cer  or  member  of  board  may  be  a 
woman,  2748;  shall  not  be  prohibited  from  voting  at  elections  at  which  they 
are  entitled  to  vote ,  2755 . 

Written  contract,  see  Contracts. 

Year,  usual  certificate  given  for  term  not  to  exceed  one  year,  2737;  certificate 
for  two  years  given,  2737;  for  organization  of  board,  2757;  for  election  of  sec- 
retary and  treasurer  by  board,  2757;  for  enumeration  by  secretary,  2764;  for 
report  of  secretary  to  county  superintendent,  2765;  for  report  of  treasurer  to 
county  superintendent,  2769;  minimum,  for  school  purposes,  2773;  fo  school 
purposes  commences  third  Monday  in  March,  2773;  for  financial  statement  to 
be  published,  2781;  for  enumeration,  by  director  of  subdistrict,  2785;  for 
organization  of  school  township,  2790;  for  division  of  school  township  into 
subdistricts,  2801;  for  certifying  of  taxes  regularly  voted,  2806;  for  certifying 
and  levying  of  schoolhouse  tax  voted  at  special  meeting,  2807;  certificates  to 
graduates  from  accredited  schools  to  be  giv-n  for  two  years,  p.  105. 

Youth,  see  Enumeration,  and  Scholar. 


A 


DECISIONS 


IN 


.A.F'F^EAr^   CASES 


Compiled  for  the  Use  of  School  Officers 
and  Directors. 


EDITION    OF    1Q03. 


RICHARD  C.  BARRETT, 

Superintendent  of  Public  Instruction. 


PREFACE. 


In  the  compilation  of  the  following  decisions  it  has  been  our  aim  to  select,  as 
far  as  possible,  only  such  cases  as  have  a  decisive  bearing  upon  some  important 
point  of  school  law. 

There  are  many  questions  arising  in  the  administration  of  these  laws  which  the 
courts  alone  have  power  to  decide  All  questions  involving  the  right  and  title  to 
office,  the  interpretation  of  contracts,  the  right  to  levy  and  collect  taxes,  the  pay- 
ment of  money,  and  any  act  of  the  electors  of  a  school  district,  are  matters  that 
should  be  tried  in  the  courts,  and  cannot  be  determined  by  appeal  to  the  county 
superintendent  or  to  the  superintendent  of  public  instruction. 

Many  of  the  appeals  taken  in  the  past  have  grown  out  of  contention  over  the 
location  of  school  house  sites. ^  As  our  state  becomes  more  generally  settled  these 
questions  arise  with  less  frequency. 

When  possible,  appeals  to  the  superintendents  or  courts  should  be  avoided; 
the  timely  and  judicious  advice  of  county  superintendents  will  do  much  more  to 
secure  amicable  adjustment  of  many  school  controversies. 

A  careful  perusal  and  study  of  these  decisions  by  the  school  officers  will  enable 
them  to  administer  the  laws  so  justly  and  intelligently  that  many  of  the  unfortu- 
nate contests  that  too  frequently  involve  school  districts  and  neighborhoods  will  be 
greatly  diminished. 

July  4,  1902.  Richard  C.  Barrett, 

Superintendent  of  Public  Instruction, 


TABLE  OF  CASES. 


Amsden  v.  Macedonia 61 

Arthur  v.  Fairway 22 

Bacon  v.  West  Des  Moines 81 

Badger,  O'Connor  v 37 

Baker,  Martin  v 69 

Baker  v .  Waukon 32 

Barnes  City ,  Williams  v 92 

Bartlett  v.  Spencer 28 

Baxter  v .  Bear  Grove 68 

Bear  Grove ,  Baxter  v 68 

Bear  Grove,  Messner  et  al  v 84 

Belmond,  Thompson  v 51 

Benson  et  al.  v.  Silver  Lake 57 

Boomer ,  Remington  v 10 

Boyle ,  Grey  v 59 

Brighton,  Woods  v  21 

Brown  v.  Van  Meter 19 

Burrington,  Moody  v 12 

Cedar ,  Miner  v 8 

Center,  Folsom  v 35 

Center,  Sheafe  v 47 

Charles  City ,  Harwood  v i5 

Clarence,  Tannery 45 

Claxton  V.  Holmes 50 

Colburn  v.  Silver  Lake 27 

Cormack  v.  Lincoln 26 

Crawford,  Walker  v 38 

Curry  v .  Franklin 5 

Davis  v.  Linn 40 

Davis  V.  Madison 11 

Deck  V.  Eden 34 

Des  Moines,  Handersheldt  v 29 

Donald  v.  South  Fork 24 

Donelon  v.  Kniest 44 

Eagle,  Reedv 46 

Eden.  Deck  v 34 

Eldon ,  Taylor  v 14 

Elk  kiver,  Peterson  v 9G 

Empire,  Watkins  v 41 

Exira,  Watson  v 14 


Fairway,  Arthur  v 2^ 

Fallon  v.  Fort  Dod  ?e 57 

Fieldberg,    Severied  et  al  v 52 

Folsom  V.  Center 35 

Forsythe  v.  Kirkv  lie 4if 

Fort  Dodge,  Fallon  v 57 

Franklin,  Curry  v 5 

Franklin,  Rush  v 87 

Fremont,  Hook  v 10 

G.I  iuwood ,  Rogness  v 58 

Gosting  v.  Lincoln  18- 

Grant,  Odendahl  v 67 

Gregory  v.  McCord 60^ 

Greyv.  Boyle...    59 

Griffith  &  Knight  v.  Middlefork  ....  78 
Grove,  McKee  v 62 

Hale  V.  Riverdale  79 

Handersheldt  v.  Des  Moines 29- 

Hartford,  Ingraham  v 54 

Harwood  v.  Charles  City : 15 

Heath  V.  Iowa 65 

Hiteman ,  Wilson  v 91 

Holmes,  Claxton  v 50* 

Hook  v.  Fremont 10 

Hubbard  v.  Lime  Creek 17 

Hudgens  v.  No.  10 71 

Ingraham  v.  Hartford 54- 

lowa,  Heath  v 65 

Jackson  v.  Steamboat  Rock  66 

Jacoby  v.  Nodaway 25 

Jasper,  Thomson  v 20 

Johnston  v.  Sanborn 80 

Johnston  v.  Utica SS 

Jones  V.  Ocheydan 88 

Kenworthy  v.  Oskaloosa 5& 

Kirkville,  Forsythe  v 49- 

Kletzing  v.  Montour 72 

Kniest,  Donelon  v 44 


TABLE   OF   CASES. 


Lester,  Sipple  v 6 

Lime  Creek ,  Hubbard  v 17 

Lincoln,  Cormack  v 26 

Lincoln,  Costing  v 18 

Lincoln,  Maxwell    v 42 

Linn ,  Davis  v 40 

Lodomillo ,  Rankin   v 26 

Lytle   V .  Washington 90 

Macedonia,  Amsden  v 01 

Madison,  Davis  v 11 

Martin  v.  Baker G9 

Maxwell  V.  Lincoln 42 

McCord,  Gregory  V tO 

McKee  v .  Grove 62 

McMillan   v.  Waveland 63 

Messner,  Rigler  v.  Bear  Grove 84 

Middlefork,  GriffiLh  et  al.  v 78 

Miner  V.  Cedar 8 

Monroe ,  Wilson  v 23 

Montour,  Kletzing  v 72 

Moody  V.  Burrington 12 

Munn  V.  Soap  Creek 74 

Nodaway,  Jacoby  v 25 

No .  Seven ,  Webster  v 48 

No.  Ten,  Hudgens  V 71 

O'Connor  V.  Badger 37 

Ocheydan ,  Jones  v 88 

Odenhall  v.  grant 67 

Oeike  v .  Spencer 85 

Oskaloosa,  Ken  worthy  v 56 

Park  V .  Pleasant  Grove 30 

Peck  V.  Polk 11 

Peterson  v.  Elk  river 96 

Pleasant   Grove,  Park  v 30 

Polk,  Peck  v 11 

Randall  v.  Vienna 13 

Rankin   v.  Lodomillo 26 

Reed  V.  Eagle  46 


Remington  v.  Boomer 10 

Riverdale,  Hale  v 79 

Rogness  v.  Glenwood 58 

Rush  v.  Franklin  87 

Sanborn,  Johnston  v 80 

Severied  et  al.  v.  Fieldberg 52 

Sheafe  V.  Center 47 

Shelby,  Sutton  v 86 

Silver  Lake,  Benson  et  al.  v 57 

Silver  Lake,  C'olburn  v 27 

Sipple  v .  Lester 6 

Soap  Creek,  Munn  v 74 

South  Fork  Donald  v 24 

Spencer,  Oelke  v 85 

Spencer,  Bartlett  v 28 

Steamboat  Rock,  Jackson  v 66 

Sutton  v.  Shelby 86 

Tanner  v.  Clarence 45 

Taylor  V.  Eldon 14 

Thompson   v.  Belmond 51 

Thompson    v.  Jasper 20 

Topping  &  Williams  v.  Union 94 

Union,  Topping  et  al.  v...* 94 

Utica,  Johnston  v 33 

Van  Meter,  Brown  V 19 

Vienna,  Randall  v 13 

Walker  v.  Crawford 38 

Watkins  v.  Empire 41 

Washington,  Lytle  v 90 

Watson  V.  Exira 14 

Waukon,  Baker    v ':2 

Waveland,  McMillan  V 63 

Webster  v.  No.  Seven  48 

West  Des  Moines,  Bacon  V 81 

Williams  v.  Barnes  City 92 

Wilson  V.  Hiteman 91 

Wilson  V.  Monroe  23 

Woods  V.  Brighton 21 


SCHOOL  LAW   DECISIONS. 


S.  L.  Curry  v.  District  Township  of  Franklin. 

Appeal  from  Decatur  County. 

County  Superintendent.     Has  no  jurisdiction  of  an  appeal  until  an  aflSdavit  is 
filed  in  his  office.     The  appeal  must  be  taken  by  affidavit. 

Affidavit.     An  affidavit  is  a  statement  in  writing  of  the  errors  complained  of, 
signed  and  made  upon  oath  before  an  authorized  magistrate. 

Jurisdiction.     An  application  for  an  appeal  filed  within  thirty  days  from  the  act 
complained  of  will  not  give  the  county  superintendent  jurisdiction  of  the  case. 

Notice.     The  county  superintendent  .should  not  issue  notice  of  final  hearing  until 
the  transcript  of  the  district  secrecary  has  been  filed. 

Testimony.     Unless  obviously  immaterial,  testimony  offered  should  be  admitted 
and  given  such  weight  as  it  merits. 

Discretionary  acts.     Should  not  be  disturbed  except  upon  evidence  of  unjust 
exercise  of  discretion. 

December  16,  1867,  at  a  special  meeting  of  the  board,  a  vote  to  change  the 
boundaries  of  subdistricts  so  as  to  form  a  new  subdistrict  in  accordance  with  the 
prayer  of  petitioners,  resulted  in  a  tie.  From  this  virtual  refusal  to  act,  S.  L. 
Curry  appealed  to  the  county  superintendent,  who  on  the  thirty- first  of  the  same 
month  formed  a  new  subdistrict.  Appellant  alleges  in  his  affidavit  that  the  county 
superintendent  assumed  jurisdiction  of  this  case  without  warrant  of  law,  that 
there  never  was  '  'at  any  time  an  affidavit  or  any  other  statement  in  said  appeal 
case  filed  in  the  office"  of  the  superintendent,  hence  the  want  of  jurisdiction. 

The  ' 'act  to  provide  for  appeals,"  section  two,  provides  that  ''The  basis  of 
proceeding  shall  be  an  affidavit,  filed  by  the  party  aggrieved,  with  the  county 
superintendent,  within  the  time  allowed  for  taking  the  appeal."  An  affidavit  is  a 
statement  in  writing,  signed  and  made  upon  oath  before  an  authorized  magistrate. 
A  county  superintendent  can  have  no  proper  jurisdiction  of  an  appeal  case  until 
such  affidavit  has  been  filed.  A  notice  of  intention  to  file  an  affidavit,  a  verbal 
complaint,  or  a  petition,  is  not  sufficient  to  give  the  county  superintendent  juris- 
diction in  appeal  cases.  The  affidavit  setting  forth  '  'the  errors  complained  of  in  a 
plain  and  concise  manner,"  must  be  in  his  hands  before  he  is  justified  in  com- 
mencing proceedings.  The  decision  of  the  superintendent  recites  that  the  affidavit 
was  filed  December  21st,  which  might  be  taken  as  conclusive,  if  it  was  not  contra- 
dicted by  the  record.  The  transcript  shows  that  said  affidavit  was  not  subscribed 
and  sworn  to  until  December  28th,  hence  we  do  not  clearly  see  how  it  could  have 
been  filed  on  the  21st. 

December  24th,  four  days  before  the  affidavit  was  made,  and  which  appellant 
alleges  was  never  filed  with  the  superintendent,  said  superintendent  gave  notice  to 
the  parties  that  the  hearing  would  take  place  on  the  30th.  This  proceeding,  as  an 
appeal  case,  was  entirely  unauthorized  by  law,  and  as  he  commenced  proceedings 
in  disregard  of  the  plain  provisions  of  the  law  and  without  lega'  jwriedicttoo,  b* 


5  SCHOOL   LAW   DECISIONS. 

decision  is  annulled.  It  may  be  said,  and  not  without  authority,  that  as  both 
parties  responded  to  the  notice,  and  came  before  the  superintendent,  that  he 
thereby  acquired  jurisdiction,  but  we  fe  1  uawilliag  to  sanction  disregard  of  law 
by  approving  such  great  irregulr.rities. 

Without  touching  the  real  merits  of  the  question  at  issue,  the  formation  of  a 
new  subdistrict,  which  we  are  willing  to  leave  to  the  local  authorities,  we  refer 
briefly  to  three  points  of  law  raised  by  appellants. 

The  county  superintendent  should  not  issue  notice  of  final  hearing  until  both 
the  affidavit  and  the  transcript  of  the  secretary  have  been  filed  in  his  office. 

Though  the  change  of  subdistrict  boundaries  by  the  board  is  a  discretionary 
act,  it  may  be  reviewed  by  the  county  superintendent,  on  appeal,  but  the  decision 
of  the  board  should  not  be  disturbed  unless  said  discretionary  jpower  has  been 
abused  or  exercised  unjustly. 

The  county  superintendent  should  have  received  the  remonstrances  offered 
on  trial  in  evidence,  and  exercised  his  judgment  as  to  their  weight  and  value. 

Revershd. 
elqrnu..  ^joni^  9tii  Uo  gniJ!  D.   FRANKLIN  WELLS, 

March  26,  1868.       •»  »"''''^-fn  f>i'  Superintendent  of  Public  Instruction. 

be^m  l»^ f^' 

Elias  Sipple  v.  Di.sfRTCT  Township  of  Lester. 

Appeal  from  Black  Hawk  County. 

Testimony.  At  the  hearing  of  an  appeal,  it  iF  competent  for  the  county  superin- 
tendent, upon  his  own  motion,  to  call  additional  witnesses  to  give  testimony. 

Records  In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict  or 
impeach  the  rertiMs  of  the  district  cannot  be  received. 

Records  The  board  may  at  any  time  amend  the  record  of  the  district,  when 
necessary  to  correct  mistakes  or  supply  omissions.  And  it  may  upon  proper  show- 
ing be  compelled  by  mandamus  to  make  such  corrections. 

Affidavit.  The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors 
complained  of  with  such  clearness  that  the  proper  transcript  may  be  secured. 

At  the  regular  meeting  of  the  board  held  September  16,  1867,  attended  by  four 
of  the  seven  members,  motions  were  made  and  seconded  for  the  creation  of  two 
new  subdistricts  whose  boundaries  were  described  in  the  motions.  In  regard  to 
the  action  on  these  motions  the  record  of  the  secretary  contains  merely  the  word 
"carried  "  At  a  special  meeting  held  February  15,  1868,  the  action  of  the  board 
in  September  in  relation  to  the  formation  of  new  subdistricts  was  "reconsidered" 
and  "rescinded."  From  the  February  action  Elias  Sipple  appealed  to  the  county 
superintendent.  During  the  progress  of  the  hearing,  which  took  place  March  20, 
1868,  the  county  superintendent  called  upon  one  of  the  four  members  that  attended 
the  September  meeting,  who  testified  that  he  did  not  vote  for  the  motion  to  create 
a  new  subdistrict.  As  it  thus  appeared  that  the  new  subdistricts  were  not  estab- 
lished by  a  vote  of  a  majority  of  all  the  members  of  the  board,  as  required  by  law, 
and  as  said  September  action  was  rescinded  at  a  full  meeting  of  the  board  in 
February,  the  county  superintendent,  considering  the  formation  of  the  subdistricts 
illegal  and  void,  dismissed  the  appeal.  From  this  decision  Barney  Wheeler  appeals. 
Appellant  alleges  substantially  that  the  county  superintendent  erred  as  follows  : 
In  himself  calling  a  witness  to  give  testimony  ;  in  receiving  testimony  to  impeach 
the  district  record,  which  is  claimed  to  be  valid  and  binding  after  thirty  days;  in 
dismissing  the  appeal ;  in  not  establishing  the  subdistricts. 

The  law  requires  the  county  superintendent  to  give  a  "just  and  equitable"  deci- 
sion, and  as  the  calling  of  additional  witnesses  may  sometimes  enable  him  to 
discharge  this  duty  more  faithfully,  his  action  in  this  respect  is  sustained. 

The  second  error  assigned  really  includes  two  distinct  points,  which  will  be 
considered  separately;  and  first,  in  regard  to  the  impeachment  .-^f  the  district  record. 


SCHOOL   LAW    DECISIONS.  7^ 

The  law  provides  for  an  annual  meeting  of  the  elector 5  of  the  district  township, 
and  for  serai-annual  and  special  meetings  of  the  board  of  directors;  also  that  "the 
secretary  shall  record  all  the  proceedings  of  the  board  and   district  meetings  in 
separate  books  kept  for  that  purpose."     It  is  a  general  principle  of  law  that  "oral 
evidence  cannot  be  sustituted  for  any  instrument  which   the  law  requires  to   be  in 
writing,  such  as  records,  public  documents,"   etc.     1  Greenleaf's   Evidence,  §86. 
' '  It  is  a  well-settled  rule  that,  where  the  law  requires  the  evidence  of  a  transac- 
tion to  be  in  writing,  oral  evidence  cannot  be  substituted  for  that,  so  long  as  the 
writing  exists  and  can  be  produced;  and  this  rule  applies  as  well  to    the  transac- 
tions, of   public  bodies  and  officers    as  to    those  of    individuals."     The  People  v 
Zeyst,  23  N.  Y.,  142.     In  the  case  of  Taylor  v.  Henry,  2  Pick.,  397,  the  supreme 
court  of  Massachusetts  held  that  an   omission   in  the   records  of  a  town  meeting 
could  not  be  supplied  by  parol  evidence.     Chief  Justice  Shaw,  in    discussing  the 
case,  said  that  it  would  be  "  dangerous  to  admit  such  a  proof."     Mr.  Starkie,  in 
his  valuable  treatise  on  evidence,  says:     ' '  Where  written  instruments  are  appointed 
either  by  the  immediate  authority  of  the  law  or  by  the  compact  of  the  parties,  to 
be  the  permanent  repositories  and  testimony  of  truth,  it  is  a  matter  both  of  prin- 
ciple and  of  policy  to  exclude  any  inferior  evidence  from  being  used  either  as  a 
substitute  for  such  instruments  or  to  contradict  or  alter  them;  of  principle,  because 
such  instruments  are,  in  their  own  nature  and  origin,  entitled   to   a  much  higher. 
degree  of  credit  than  that  which  appertains  to  parol  evidence;  of  policy,  because 
it  would  be  attended  with  great  mischief  and  inconvenience,  if  those  instruments 
upon  which  men's  rights  depend  were  liable  to  be  impeached    and   controverted 
by  loose  collateral  evidence . ' '     Starkie ,  part  IV ,  page  995 ,  volume  III ,  3d  Am .  Ed . 
The  reason  of  the  rule  upon  which  the  courts  agree  with  such  entire  unanimity 
applies  with  force  in  the  case  now  under  consideration.     The  records  of   the  dis- 
trict and  board  meetings  contain  a  statement  of  the  regulations  adopted,  and  the 
acts  done  in  the  exercise  of  the  powers  with  which  the  respective  bodies  are  invested 
by  the  law.     They  present  to  all  the  citizens  of  the  district  township,  in  a  perma^ 
nent  form,  certain  and  definite  information  which  could  be  obtained,  with  equal 
certainty,  in  no  other  way.     Memory  is  defective,  but  the  vSecretar/  records  the 
transactions  as  they  occur      The  actors  change  from  year  to  year,  but  the  record 
is  permanent.     And  though  the  admission  of  oral  testimony  to  alter  a  record  or 
supply  an  omission  therein  might  sometimes  promote  the  attainment  of  justice,  the 
prevalence  of  such  a  practice  would  result  in  more  evil  than  good.     It  is  held, 
therefore,  that  in  the  absence  of  alleged  fraud  the  county  superintendent  errs,  in 
admittiog  parol   evidence  to  contradict  or  impeach  the  record  of   the  September 
meeting  of  the  board. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will  suffice.  The 
coun-sel  for  appellant  urges  that  though  the  record  of  the  September  meeting  was 
imperfect,  the  lapse  of  thirty  days  made  the  record  valid  and  binding  upon  the 
district.  It  is  true  that  the  right  to  take  an  appeal  to  the  county  superintendent 
expires  after  thirty  days,  but  I  am  unable  to  see  how  the  lapse  of  time  will  vali- 
date what  was  before  invalid.  The  secretary  is  the  proper  custodian  of  the  records 
of  the  school  district,  and  before  the  record  of  the  proceedings  of  the  board  has 
been  approved  or  adopted  by  the  board,  the  secretary  may  amend  them  by  sup- 
plying omissions,  or  otherwise  correcting  them.  After  they  have  been  approved 
they  may  be  amended  and  corrected  by  direction  of  the  board,  even  after  the 
lapse  of  thirty  days.  In  Massachusetts  a  town  clerk  is  permitted  to  amend  the 
record  in  order  to  supply  defects,  even  after  a  suit  involving  a  question  respecting 
them  has  been  commenced.  I  am  of  the  opinion  that  if  the  secretary  or  board  ot 
directors  decline  to  make  necessary  corrections  in  the  record,  ihat  a  party  inter- 
ested may  proceed  by  mandamus  to  compel  the  correction.  If  the  record  is  to  be 
impeached,  it  must  be,  in  the  absence  of  fraud,  by  a  direct  proceeding  instituted 


8  SCHOOL   LAW    DECISIONS. 

for  that  purpo«^e,  and  uot  by  a  collateral  or  indirect  method.     Ihe  People  v.  Zeyst, 
23  N.  Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  propriety  be. 
The  law  provides  that  the  boundaries  of  subdistricts  shall  not  be  chanj^ed  except 
by  the  vote  of  a  majority  of  the  members  of  the  board.  The  record  fails  to  show 
that  this  requirement  of  the  law  was  complied  with  at  the  September  meeting. 
The  secretary  says  that  the  motion  to  redistrict  ' '  carried."  This  is  his  opinion, 
but  he  fails  to  give  the  fact  upon  which  it  is  based.  Four  of  the  seven  members 
were  present,  but  he  f^oes  not  say  who,  or  how  many  voted  for  the  charge. 
Properly  this  should  have  been  stated.  When,  however,  the  district  record 
declares  that  a  motion  was  *  *  carried,"  the  law  will  presume  that  it  was  carried 
in  accordance  w^h  the  requirements  of  the  statute;  though  there  is  reason  to 
believe  thai  the  presumption  in  this  instance  is  a  violent  one.  It  follows  that 
there  was  u('  ]*tfrji\  evidence  that  the  subdistricts  were  not  established  in  accordance 
with  law;  hence,  the  conclusion  is  inevitable  that  the  county  superintendent  erred 
in  dismiss inj.',  th^  appeal  for  the  cause  assigned. 

At  the  ccuimencement  of  the  trial  and  again  during  its  progress,  the  defendant 
moved  the  county  superintendent  to  dismiss  the  case  on  account  of  the  insuf- 
ficiency of  the  affidavit.  The  affidavit  of  Mr.  Sipple  is  not  as  full  as  it  is  usual  to 
make  affidavits  in  such  cases,  yet  it  "set  forth  the  errors  complained  of"  with 
such  plainness  and  conciseness  as  enabled  the  county  superintendent  to  obtain 
the  necessary  transcripts,  and  this  is  all  the  law  really  requires.  It  has  not  been 
customary  heretofore  to  force  any  particular  form  of  affidavit,  and  the  superin- 
tendent's ruling  refusing  to  dismiss  on  defendant's  motion  is  sustained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was  dismissed 
by  the  county  superintendent,  no  opinion  can  be  given  in  regard  to  the  propriety 
or  necessity  of  establishing  the  proposed  new  subdistricts.  The  case  is  therefore 
returned  to  the  county  superintendent,  who  will  proceed  with  the  hearing,  first 
allowing  a  reasonable  time  for  the  correction  of  the  district  record  or  for  the 
enforcement  of  its  correction  should  such  correction  be  deemed  necessary  by 
either  of  the  interested  parties.  Should  the  district  record  be  amended  so  as  to 
show  conclusively  that  the  said  subdistricts  were  not  legally  formed  at  the  said 
meeting  in  September,  it  will  follow  that  the  said  subdistricts  never  had  a  legal 
existence,  and  that  the  plaintifif  could  not  be  aggrieved  by  the  action  of  the  Feb- 
ruary meeting,  hence  the  county  superintendent  will  determine  the  case  in  favor 
of  the  appellee.  Should  said  record  not  be  amended,  or  should  it  be  amended  so 
as  to  show  clearly  that  said  subdistricts  were  established  in  all  respects  in  con- 
formity with  law,  the  question  of  establishing  the  new  subdistricts,  or  more 
properly  retaining  their  organization,  will  be  determined  upon  its  merits. 

Reversed. 
D.   FRANKLIN    WELLS, 

July  23,  1868.  Superintendent  of  Public  Instruction . 


E.  J.  Miner  v.  Distkict  Township  of  Cedar. 

Appeal  from  Floyd  County. 

Contested  Election.  The  proper  method  of  determining  a  contested  election 
for  school  director  is  by  an  action  brought  in  the  district  court. 

Election.  The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the  legal 
evidence  of  election  as  subdirector,  and  as  a  general  rule  a  board  of  directors  is 
justified  in  declining  to  recognize  a  person  as  a  member  of  the  board  until  he 
produces  such  certificate. 

Evidence.  Where  the  law  require*!  the  evidence  of  a  transaction  to  be  in  writ- 
ing, oral  evidence  can  be  iubstiiuted  only  if  ttie  writing  cannot  be  produced. 


SCHOOL   LAW    DECISIONS.  9 

Quo  Warranto.     The  remedy  of  a  person  denied  possession  of  an  office  to  which 
he  has  been  chosen,  is  an  action  in  court. 

At  the  regular  meeting  of  the  board  in  March,  1868,  E.  J.  Miner  appeared  and 
filed  his  oath  of  office  as  subdirector  of  subdistrict  number  three,  and  claimed 
recognition  as  a  member  of  the  board.  The  said  Miner  failed  to  present  the 
certificate  of  the  officers  of  the  subdistrict  meeting,  or  any  other  evidence  of  his 
election  except  his  own  verbal  statement.  It  was  alleged  in  the  board  that  he 
was  not  legally  elected.  Under  these  circumstances  the  board  refused  him  a  seat 
and  recognized  his  predecessor  as  holding  over.  From  this  order  the  said  Miner 
appealed  to  the  county  superintendent,  who,  after  a  full  hearing  of  the  manner  in 
wnich  the  election  was  conducted,  reversed  the  order  of  the  board,  and  directed 
that  the  said  Miner  should  be  recognized  as  subdirector  of  subdistrict  number 
three,  and  as  a  member  of  the  board  of  directors.  From  this  decision  an  appeal 
is  taken  by  A.  J.  Sweet,  president  of  the  board.  The  above  are  but  a  small  por- 
tion of  the  facts  presented  in  the  well  arranged  transcript  of  the  county  superin- 
tendent, but  yet  all  that  are  material  to  the  issues  involved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v.  District 
Tozvnship  of  Hamilion  ^  page  77,  School  Law  Decisions  of  1868,  and  must  be  gov- 
erned by  the  same  principles.  It  was  there  held  that  the  only  proper  way  of  deter- 
mining a  contested  election  or  the  right  of  exercising  any  public  office  or  franchise, 
is  by  an  action  in  the  nature  of  quo  warranto  brought  in  the  district  court.  It 
seems  unnecessary  to  repeat  the  arg  umentsthere  used.  Reference  is  made  to  that 
case  as  well  as  to  the  19  Iowa,  199;  18  Iowa,  59;  16  Iowa,  369;  17  Iowa,  365;  and 
the  other  cases  there  cited.  The  principle  involved  in  the  preceding  references  was 
recognized  by  the  county  superintendent,  when  he  said  in  his  decision  that  '  'the 
board  of  directors  has  no  jurisdiction  to  inquire  into  the  legality  of  the  election  of 
its  members."  When  this  just  conclusion  was  reached,  the  case  should  have  been 
dismissed ,  for  the  county  superintendent  can  do  on  appeal  only  what  the  board 
itself  might  legally  have  done. 

The  county  superintendent  held  that  as  the  president  of  the  subdistrict  meeting 
refused  to  sign  a  certificate  of  election  for  the  said  Miner,  that  the  board  might 
rceive  other  evidence  of  his  election.  In  this  the  county  superintendent  departed 
from  well  established  legal  principles.  The  school  law  provides  that  at  the  meeting 
of  the  electors  of  the  suTDdistrict  on  the  first  Monday  in  March,  **a  chairman  and 
secretary  shall  be  appointed,  who  shall  act  as  judges  of  the  election,  and  give  a 
certificate  of  election  to  the  subdirector  elect."  It  is  a  well  settled  rule,  that  where 
the  law  requires  the  evidence  of  a  transaction  to  be  in  writing,  oral  evidence  cannot 
be  substituted  when  the  writing  can  be  produced;  this  rule  applies  alike  to  trans- 
actions of  public  bodies,  officers  and  individuals. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate  of  the  offi- 
cers of  the  subdistrict  meeting  shall  be  the  legal  passport  to  a  seat  in  the  board, 
and  that,  as  a  general  rule,  a  board  of  directors  is  justified  in  declining  to  recog- 
nize a  person  as  a  member  of  the  board  until  such  certificate  is  produced.  If  the 
certificate  has  been  given  and  lost,  the  accident  may  be  remedied  by  other  testi- 
mony. If  illegally  withheld,  the  officer  may  be  coerced  by  mandamus  to  furnish 
it.     If  it  has  been  fraudulently  given,  the  law  still  provides  a  remedy. 

By  the  light  of  the  previous  principles,  it  is  evident  that  when,  under  the  cir- 
cumstances, the  county  superintendent  proceeded  to  investigate  the  rights  of  the 
plaintiff  as  a  school  director,  he  exceeded  his  jurisdiction,  and  that  his  decision 
must  therefore  be  overruled.  The  law  requires  that  the  plaintifif.  Miner,  shall  seek 
his  remedy  in  the  courts.  The  decision  of  the  county  superintendent  is  therefore 
reversed  and  the  case  dismissed.  Reversed. 

D.  FRANKLIN  WELLS, 
July  29,  1868.  Superintendent  of  Public  Instruction, 


10  SCHOOL   LAW   DECISIONS. 

:;.  ;  N.  R.  Hook  v.- Independent  District  of  Fremont. 

Appeal  from  Mahaska  County.    . 

School  Privileges.  Are  not  acquired  by  temporary  removal  into  a  district  for 
the  purpose  of  attending  school. 

At  a  meeting  of  the  board  an  order  was  made  excluding  one  Geo^^fe  Check  from 
school.  From  this  order  Dr.  N.  R.  Hook,  with  whom  the  boy  was  at  the 
time  living,  appealed  to  the  county  superintendent,  who  affirmed  the  order  of  the 
board,  and  Hook  again  appealed. 

ar  TThe  ground  upon  which  the  boy  was  debarred  from  school,  was  that  he  was  not 
a  bona  fide  resident  of  the  district,  and  this  is  fully  sustained  by  the  circumstances 
of  the  case  as  shown  by  the  weight  of  the  evidence  as  adduced  before  the  county 
superintendent.  The  apparent  primary  purpose  of  George  Check  in  going  to  live 
with  Dr.  Hook,  was  that  he  might  attend  the  school  at  Fremont,  and  after  the 
term  of  school  should  expire,  his  further  continuance  at  Hook's  would  be  uncer- 
tain. He  did  not  go  there  with  the  intention  of  remaining,  but  the  intention  to 
return  to  his  father's  house  seems  to  have  been  manifested  in  the  contract  or  agree- 
ment made  with  Hook. 

-:tr  Counsel  for  appellant  argues  that  the  law  should  not  be  technically  construed, 
but  that  it  should  receive  a  liberal  construction ,  and  in  this  he  is  correct.  It 
should  receive  such  a  construction  as  that  all  the  youth  of  the  state,  without  regard 
to  race  or  condition  in  life,  can,  with  equal  facility,  participate  in  the  benefits  of 
our  free  schools .  There  is  evidence  that  the  schools  in  Fremont  are  so  crowded 
that  many  of  the  youth  of  the  district  are  unable  to  gain  admission,  and  the  law 
gives  to  them  the  prior  claim.  The  board  should  see  that  the  children  of  thedis- 
trict  are  first  accommodated,  and  then,  if  not  detrimental  to  the  interests  of  the 
school,  it  may  admit,  in  its  discretion,  those  from  outside  districts  upon  such 
terms  as  it  may  agree.  ^*-*  '^^^^'^ 

Believing  that  the   county   superintendent  properly    sustained   the    board    of 

directors,  his  decision  is  hereby  Affirmed. 

^  ^^v-         •  .:       ,^u.i..  .-  A.  S.  KISSELL, 

*^Mkl^  l/'lBTaV    ■'^^*^'^  ^CJawo::  Superintendent  of  Public  Instruction. 

aa&ivoTrtj  ■■■  •^- ^    -^^rsi'-ii-- . 

ffoti?]/  \%-\^:%Ai  no  : 

,         -  -    i^  ^   Remington  v.  District  Township  of  Boomer. 

JonnfiL,  aonebivd  laio  ,^i  Appeal  from  Pottawattamie  County. 

JuRTSbicTiON.  ''^^fie"  county  superintendent  does  not  have  jurisdiction  of  cases 
involving  a  money  demand. 

School  Orders.     When  improperly  issued,  a  proper  remedy  is  injunction. 

On  the  12th  day  of  October,  the  board  met  in  special  session  and  made  a  settle- 
ment with  one  L.  S.  Axtell,  who  was  the  contractor  for  the  erection  of  certain 
schoolhouses  in  said  district  township.  From  the  action  of  the  board,  Z,  W.  Rem- 
ington appealed  to  the  county  superintendent,  who  dismissed  the  appeal  upon  the 
ground  that  the  settlement  with  Axtell  was  for  a  money  demand,  and  therefore 
involved  a  question  over  which  he  could  exercise  no  jurisdiction.  Remington 
again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing  orders  in  favor 
of  Axtell  for  the  payment  of  his  claim  for  building  the  schoolhouses  that  would 
render  them  invalid,  his  remedy,  if  any,  would  have  been  by  injunction  to  restrain 
the  payment  of  such  orders,  or  by  some  other  proper  action  in  the  civil  courts, 
and  not  by  appeal  to  the  county  superintendent,  as  the  latter  tribunal  is  not  clothed 
by  the  statute  with  the  authority  to  inquire  into  or  ce:ermine  the  validity  of  school 


)i>j 


SCHOOL   LAW   DECISIONS.  H 

orders.     The  county  superintendent,  therefore,  very  properly  decided  to   dismiss 
the  appeal,  and  his  order  in  the  case  is  hereby  '  Affirmed.     > 

A.  S.  KISSELL,  . 
May  17,  1870.  Superintendent  of.  Fudlic^ Instruction. 

,  bsidlqrnoo  naad   ',; 

W.  D.  PiCK  et  al.  v.  District  Township  of  Polt£['^  bsvo 

ogIi>  ;bri^ 
Appeal  frojn  Jefferson  County .  'nrff   -i-- 

SuBDiSTRicTS.     Should  be,    if   possible,  compact  and  regular  in  fdrrii'i  '  In  well 
populated  district  townships,  two  miles  square  is  considered  a  desirable  area. 

ScHOOLiiousE  Sites.     It  is   important  that  a  schooihouse  site  be  located  on  a 
public  road,  and  as  near  the  center  of  a  subdisttict  as  practicable. 

I-t  appears  from  a  transcript  in  this  case  that  the  board,  on  the  presentation 
of  a  petition  from  the  majority  of  the  inhabitants  of  subdistrict  number  eight, 
issued  an  order  attaching  a  strip  on  the  northeast  from  subdistrict  number  seven 
to  number  eight,  relocatmg  the  schoolhouie  site,  and  arranging  for  the  removal 
of  the  schooihouse  from  the  present  site  to  said  new  location.  From  this  action 
of  the  board  an  appeal  was  taken  to  the  county  superintendent,  who  sustained  the 
action  of  the  board,  and  from  his  decision  an  appeal  is  taken  to  this  tribunal. 

The  trial  before  the  county  superintendent  developed  that  the  board  has  in 
contemplation  the  redistricting  of  the  entire  township  into  subdistricts  two  miles 
square,  and  that  the  order  providing  for  the  change  of  boundaries  in  subdistrict 
number  eight  is  the  initiatory  step  in  that  direction.  The  subdistrict  in  question, 
previous  to  the  order,  had  very  irregular  boundaries;  and  except  that  the  district 
is  too  large  for  convenience  without  further  change  in  the  boundaries,  there 
would  seem  to  be  every  reason  for  attaching  the  strip  from  number  seven.  That 
being  attached,  the  change  of  location  and  the  removal  of  the  schooihouse  to  a 
site  occupying  the  geographical  center  of  the  subdistrict  with  its  changed  bound- 
aries, must  follow  of  course.  Besides  this,  there  seems  to  be  the  additional  good 
reason  for  the  change  of  location  for  the  schooihouse  site:  the  present  site  is  not 
on  k  public  road;  the  one  in  prospect  is,  and  as  all  the  territory  is  in  a  condition 
to  be  easily  and  rapidly  settled,  the  new  site  will  with  the  additiofial  change  in 
contemplation,  be  the  exact  geographical  center  of  the  subdistrict. 

The  action  of  the  board  in  this  case  is  manifestly  of  a  discretionary  character, 
and  I  can  see  nothing  in  the  testimony  that  would  induce  the  belief  that  it  has  in 
any  way  exceeded  its  prerogative,  or  abused  its  discretion.  The  decision  of  the 
county  superintendent  is  therefore  Affirmed. 

A   S.  KISSELL, 

February  4,  '1&71«..  Superintettdent  of  Public  Instruction, 


W.  P.  Davis  v.  District  Township  of  Madison. 

Appeal  from  Fremont  County. 

Contracts.     Made  by  a  committee,  require  the  approval  of  the  board  in  session. 

School  Fund-.     The  treasurer  is  the  prooer  custodian  of  all   funds,   and  may 

legally  pay  them  out  only  upon  orders  specifying  the  fund   upon  which  they  are 

drawn  and  the  specific  use  to  which  they  are  applied. 

Subdirector.     The  subdirector  may  expend  money  in  his  subdistrict  only  in  the 

manner  authorized  by  the  board. 

Claims.     Just  claims  against  the  district  can  be  enforced  only  in  the  courts. 

MANDAMtJS      Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  the  electors. 

Subdistrict.     A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 

public  fund. 

The  electors  on  the  eleventh  day  of  March,  1871,  voted  a  tax  of  two  and  one- 
half  mills  on  the  taxable  property  of  the  district  township  for  schooihouse  pur- 


12  SCHOOL  LAW  DECISIONS. 

poses,  and  directed  that  three  hundred  dollars  of   the  amount  thus  raised  should 
be  used  for  the  erection  of  a  schoolhouse  in  subdistrict  number  nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number  nine,  was 
appointed  a  committee  to  build  a  schoolhouse  in  said  subdistrict.  The  house 
having  been  completed,  at  a  special  meeting  of  the  board  held  June  1,  1872,  it 
was  moved  that  the  report  of  the  committee  be  received,  and  the  schoolhouse  be 
accepted;  also  that  the  secretary  be  instructed  to  draw  an  order  on  the  treasurer 
tor  three  hundred  dollars,  for  subdistrict  number  nine.  Both  motions  were  lost, 
from  which  action  the  said  W.  P.  Davis  appealed  to  the  county  superintendent, 
who  on  the  ninth  day  of  August,  1872, reversed  the  action  of  the  board.  The  dis- 
trict township,  through  its  president,  W.  H.  Gandy,  appeals. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregular  manner  in 
which  school  officers  too  frequently  transact  official  business.  Section  15  of  the 
School  Laws  provides  that  the  board  "shall  make  all  contracts,  purchases,  pay- 
ments, and  sales  necessary  to  carry  out  any  vote  of  the  district,  but  before  erecting 
any  schoolhouse  they  shall  consult  with  the  county  superintendent  as  to  the  most 
approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board,  it  should  in 
all  cases  be  approved  by  the  board  before  work  is  commenced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school  funds  should 
be  disbursed.  The  treasurer  is  the  proper  custodian  of  all  funds  belonging  to  the 
district  township,  and  the  law  provides  that  he  '  'shall  pay  no  order  which  does  not 
specify  the  fund  on  which  it  is  drawn,  and  the  specific  use  to  which  it  is  applied," 
that  is,  for  work  done,  material  furnished,  or  the  like. 

The  board  is  also  required  to  "audit  and  allow  all  just  claims  against  the  dis- 
trict, and  no  order  shall  be  drawn  on  the  district  treasury  until  the  claim  forwhich 
it  is  drawn  has  been  so  audited  and  allowed."  This  rule  applies  equally  where 
funds  are  voted  by  the  district  township  for  the  purpose  of  building  schoolhouses 
in  particular  subdistricts,  also  where  taxes  have  been  raised  on  the  property  of  sub- 
districts,  in  accordance  with  the  proviso  of  section  28.  Such  funds,  or  so  much  of 
them  as  may  be  required  to  carry  out  the  vote  of  the  electors,  should  be  devoted 
to  the  specific  object  for  which  they  were  voted,  but  the  disbursement  should,  in 
all  cases,  be  under  the  direction  and  authority  of  the  board.  Boards  have  no 
authority  to  give  subdirectors  money  to  use  in  their  subdistricts  for  building  school- 
houses  or  any  other  purpose,  nor  subdirectors  to  use  money  so  received.  A  sub- 
district  is  not  a  corporate  body  and  has  no  control  of  any  public  fund. 

If  Mr.  Davis  has  a  just  claim  against  the  district  township  of  Madison  which 
the  board  refuses  to  allow,  or  if  the  board  refuses  to  apply  the  amount  voted  by 
the  electors  to  the  specific  object  for  which  it  was  designed,  the  erection  of  a  school- 
house  in  subdistrict  number  nine,  the  civil  courts,  only,  can  furnish  a  means  of 
redress .  Reversed  . 

ALONZO  ABERNETHY, 

October  30,  1872.  Superintendent  of  Public  Instruction. 


W.  J.  Moody  V.  H.  H.  Burrington,  County  Superintendent. 

Appeal  from  Bremer  County . 

Certificate.      The  county  superintendent  may  refuse  to  entertain  a  petition  for 
the  revocation  of  a  teacher's  certificate. 

Appeal.     An  appeal  may  be  taken  from  the  refusal  of  the  county  superintendent 
to  investigate  charges  brought  against  a  teacher. 

Discretionary  Acts.     The  decision  of  the  authority  having  original  jurisdiction 
is  entitled  to  much  consideration. 

A  petition  containing  charges  against  a  teacher  was  presented  to  H.  H.  Bur- 


SCHOOL   LAW   DECISIONS.  3^3 

rington,  county  superintendent,  asking  an  investigation  of  the  charges,  and  the 
revocation  of  her  certificate.  The  county  superintendent  refused  to  make  the 
investigation  as  requested  by  the  petitioners,  and  W.  J.  Moody  appeals. 

The  question  whether  an  appeal  will  lie  from  the  refusal  of  the  county  superin- 
tendent to  investigate  charges  brought  against  a  teacher,  has  not  been  to  our  knowl- 
edge before  determined.  Since  it  is  held  that  an  appeal  may  be  taken  from  an 
action  of  the  board  refusing  to  perform  a  discretionary  action,  we  see  no  reason 
why  appeal  will  not  lie  from  a  similar  action  of  the  county  superintendent. 

In  the  case  before  us,  statements  testifying  to  the  moral  character  and  good 
reputation  of  the  teacher  are  made  by  reliable  and  disinterested  parties,  who 
have  been  intimately  acquainted  with  her  for  several  years  past;  and  it  is  believed 
that,  in  no  instance,  is  the  judgment  and  discretion  of  a  local  tribunal  entitled  to 
more  consideration  than  in  this  case.  Affirmed. 

July  10,  1873.  ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 


J.  W.  Randall  v.  District  Township  of  Vienna. 

Appeal  from  Marshall  County. 

SCHOOLHOUSE.  The  board  may  legally  remove  a  schoolhouse  from  one  subdistrict 
to  another  only  by  vote  of  the  electors. 

Schoolhouse.  When  the  electors  have  voted  to  remove  a  schoolhouse  from  one 
subdistrict  to  another  the  board  must  execute  such  vote,  and  from  its  action  in  so 
doing  no  appeal  can  be  taken. 

Injunction.  The  execution  of  a  fraudulent  vote  of  the  electors  may  be  prevented 
by  a  writ  from  a  court  of  law. 

At  the  district  township  meeting  held  on  the  second  Monday  in  March,  1873,  it 
was  voted  to  remove  the  schoolhouse  situated  in  subdistrict  number  four  into  sub- 
district  number  three.  On  the  seventeenth  day  of  March,  the  board  ordered  the 
removal  of  the  schoolhouse,  in  accordance  with  said  vote  of  the  electors.  From 
this  action  appeal  was  taken  to  the  county  superintendent  who  reversed  the  action  of 
the  board.     The  district  township,  through  its  president,  appeals. 

Section  seven.  School  Laws  of  1872,  provides  that  the  electors  shall  have  the 
power  "to  direct  the  sale,  or  other  disposition  to  be  made  of  any  schoolhouse;"  also 
"to  vote  such  tax,  not  exceeding  ten  mills  on  the  dollar  in  any  one  year,  on  the 
taxable  property  of  the  district  township,  as  the  meeting  shall  deem  sufficient  for 
the  purchase  of  grounds  and  the  construction  of  the  necessary  schoolhouses  for  the 
'jse  of  the  respective  subdistricts."  Section  fifteen  provides  that  the  board  "shall 
make  all  contracts,  purchases,  payments  and  sales  necessary  to  carry  out  any  vote 
of  the  district."  Section  sixteen  provides  that  the  board  "shall  fix  the  site  for 
each  schoc  Ihouse . ' ' 

From  the  law  as  above  quoted  we  understand  that  the  electors  may  vote  a  tax 
for  the  erection  of  a  schoolhouse  in  any  particular  subdistrict,  or  may  direct  the 
removal  of  one  already  built,  from  a  subdistrict,  and  that  the  board  determines 
the  site  within  a  subdistrict,  but  has  no  authority  to  remove  a  schoolhouse  from  a 
subdistrict  without  affirmative  action  of  the  electors,  such  action,  however,  being 
taken,  the  board  must  execute  their  vote,  if  in  accordance  with  law.  From  the 
action  of  the  board  in  thus  executing  the  vote  of  the  electors  no  appeal  can  be 
taken.  If  the  vote  of  the  electors  is  contrary  to  law,  its  execution  may  be  pre- 
vented by  injunction;  if  unwise,  the  electors,  themselves,  must  bear  the  conse- 
quences. Reversed , 

ALONZO  ABERNETHY, 

July  11,  1873.  Superintendent  of  Public  Instruction , 


14  SCHOOL   LAW    DECISIONS. 

D.  K.  Taylor  v.  Independent  District  of  Eldon. 

Appeal  from  Wapello  County 

Appeal.  Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the 
terms  of  a  contract  previously  made,  nor  from  an  action  authorizing  the  issuance 
of  an  order  in  payment  of  a  debt  contracted  by  previous  action  of  the  board. 
Appeal.  A  case  whose  main  purpose  is  to  determine  the  validity  of  an  order  on 
the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on  appeal  to 
the  county  superintendent. 

School  Funds.  The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the 
law  has  been  violated  and  the  money  of  the  district  has  been  misappropriated. 

From  the  transcript  it  appears  that  on  the  third  day  of  December,  1873,  the 
board  passed  an  order  authorizing  the  payment  of  five  per  cent  commission  for 
negotiating  the  district  bonds,  and  on  the  same  day  another  authorizing  D.  P. 
Stubbs  to  negotiate  said  bonds.  On  the  third  day  of  February,  1874,  the  board 
passed  an  order  instructing  the  president  and  secretary  to  draw  an  order  for  ninety 
dollars  on  the  district  treasury  in  favor  of  said  D.  P.  Stubbs,  for  services  rendered 
in  negotiating  said  bonds,  in  accordance  with  the  previous  action  of  the  board  on 
December  3,  1873.  From  the  action  of  the  board  in  issuing  said  order  of  ninety 
dollars  this  appeal  was  taken.  The  county  superintendent  dismissed  the  case,  on 
the  ground  that  it  was  an  action  authorizing  the  payment  of  money,  and  a  decision 
thereon  would  be  equivalent  to  rendering  a  iudgmcnt  for  money,  which  is  pro- 
hibited by  the  provisions  of  section  1836.     D.  K.  Taylor  again  appeals. 

Appeal  may  be  taken  from  any  action  of  the  board  which  authorizes  the 
making  of  a  contract,  but  not  from  a  subsequent  action  or  order  complying  with 
the  terms  of  a  contract  previously  made,  nor  from  an  action  authorizing  the 
issuance  of  an  order  in  payment  of  a  debt  contracted  by  a  previous  action. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the  board,  but  a 
cecessary  result  of  the  order  of  December  3,  1873.  If  the  first  action  was  legal 
and  proper,  the  last  is  both  proper  and  necessary,  the  services  having  been  per- 
formed. Any  interested  party  might  have  appealed,  at  the  proper  time,  from 
the  action  of  December  3,  1873,  authorizing  the  payment  of  five  per  cent  com- 
mission for  negotiating  bonds  or  authorizing  the  appointment  of  an  agent  therefor. 
But  the  time  for  an  appeal,  thirty  days,  having  expired,  appeal  cannot  now  be 
taken  from  the  subsequent  action,  which  is  simply  carrying  out  its  previous 
action,  and  the  terms  of  the  contract  made  thereunder. 

To  determine  the  validity  of  an  order  on  the  district  treasury,  or  the  equity 
of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment  for  money,  and  a  case 
whose  sole  purpose  is  to  determine  this  question  cannot  be  entertained  on  appeal. 
The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the  law  has  been  vio- 
lated, or  the  interests  of  the  district  have  suffered  by  the  making  of  contracts  or 
the  issuing  of  orders  for  money  on  the  treasury.  Affirmed. 

ALONZO  ABERNETHY, 

May  5,  1874.  Superintendent  of  Public  Instruction, 

■■h   bfiJod  \o  l&vom  ' 

.  ,    ,      '  ■' "'''^''^-fe/^v^Atscw  V.  District  Township  of  fiiiRA.V"^*^^ 

Appeal  from  Audubon  Count^T^^  *'-^^  bi&o(i  sdJ  ,a9>V 

Punishment.  The  punishment  of  a  pupil  with  undue  severity,  or  with  an 
improper  instrument,  is  unwarrantable,  and  may  serve  in  some  degree,  to  indi- 
cate the  animus  of  the  teacher. 

Punishment.  In  applying  correction,  the  teacher  must  exercise  sound  discre- 
tion and  judgment  and  should  choose  a  kind  of  i)unishment  adapted  not  only  to 
the  offense,  but  to  the  offender. 


SCHOOL   LAW    DECISIONS.  15 

Charges  were  preferred  against  E.  Watson  for  harsh  and  unreasonable  punish- 
ment of  a  pupil,  and  upon  investigation  the  teacher  was  discharged.  From  this 
action  of  the  board  he  appealed  to  the  county  superintendent,  who  reversed  its 
action,  and  the  district  appeals. 

From  the  evidence  it  appears  that  the  pupil  upon  whom  the  punishment  was 
inflicted  was  a  boy  thirteen  years  of  age,  and  that  the  offense  was  such  that  pun- 
ishment was  deserved.  The  instrument  selected  was  a  hickory  stick,  three-fourths 
of  an  inch  in  diameter  atone  end,  and  one-half  inch  at  the  other,  and  fifteen  or 
eighteen  inches  long.  The  punishment  was  inflicted  by  striking  upon  the  palm 
of  the  hand  from  eight  to  twelve  strokes.  It  appears  that  the  boy's  hand  was 
thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher  that  the  punishment  was  inflicted  for  the  good  of 
the  school,  and  that  it  was  without  malice  on  his  part.  We  consider  the  selection 
of  such  an  instrument  for  the  punishment  of  a  pupil  injudicious,  unwarrantable, 
and  dangerous,  and  that  the  consequences  might  be  fraught  with  the  gravest 
results,  and  that  such  selection  may  serve  in  some  degree,  to  indicate  the  animus 
of  the  teacher.  dl  "  iax  Reversed. 

'[,  iJjS ,^,  ALONZO  ABERNETHY, 

June  6,  1874.  SupertnUndent  of  Public  Instruction, 


Sanford  Harwood  v.  Independent  District  of  Charles  City. 
Appeal  from  Floyd  Counfyf^,^^  vlauoivtrrq  aaori 

Punishment.    The  right  of  the  parent  to  restrain  and  coerce  obedience  in  children 
applies  equally  to  the  teacher,  or  to  any  one  who  acts  in  loco  parentis. 

Rules  and  Regulations     Boards  of  directors  and  their  agents,  the  teachers,  may 
establish  reasonable  rules  for  the  government  of  their  schools. 

Rules  and  Regulations.     The  teacher  has  the  right  to  require  a  pupil  to  answer 
questions  which  tend  to  elicit  facts  concerning  his  conduct  in  school. 

Rules  and  Regulations.     The  pupil  is  answerable  for  acts  which  tend  to  produce 
merriment  in  the  school  or  to  degrade  the  teacher. 

Rules  AND  Regulations.     Open  violation  of  the  rules  cannot  be  shielded  from 
investigation  under  the  plea  that  it  invades  the  rights  of  conscience. 
Board  of  Directors.     The  board  shall  be  sustained  in  all  legitimate  and  reason- 
able measures  to  maintain  order  and  discipline,  to  uphold  the  rightful  authority  of 
the  teacher,  and  to  prevent  or  suppress  insubordination  in  the  school. 

This  case  involves  the  right  of  a  teacher  to  require  a  pupil  to  answer  questions 
concerning  his  conduct  in  school,  or  to  testify  against  himself. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having  broken  cer- 
t'ain  rules  of  the  school,  was  suspended  by  the  superintendent  for  refusing  to  answer 
a  question  relating  thereto.  The  pupil's  father  petitioned  the  board  to  restore  the 
pupil.  The  board,  having  investigated  the  facts,  adopted  the  following:  "Re- 
solved, That  the  school  board  sustain  Prof.  Shepard  in  his  suspension  of  Burritt 
Harwood,  provided  Burritt  Harwood  be  reinstated  if  he  answer  the  question,  for 
the  refusal  to  answer  which  he  was  suspended,  subject  to  such  further  action  as 
may  be  taken  by  the  principal  or  school  board  for  making  and  circulating  the 
caricature."  The  president  and  four  other  members  voted  for,  and  one  against 
the  resolution  From  this  action  of  the  board  S.  Harwood  appealed  to  the  county 
superintendent,  who  reversed  its  action.     The  board  appeals. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children  cannot  be 
doubted,  and  it  has  seldom  or  never  been  denied.  This  principle  applies  equally 
to  the  teacher  or  to  any  one  who  acts  in  loco  parentis.  Boards  o£  directors  and  their 
agents,  the  teachers,  may  establish  all  reasonable  and  proper  rules  for  the  govern- 
ment of  schools,  and  to  control  the  conduct  of  pupils  attending  the  samo.     "Any 


IQ  SCHOOL    LAW   DECISIONS. 

rule  of  the  school  not  subversive  of  the  rights  of  the  children  or  parents  or  m 
conflict  with  humanity  and  the  precepts  of  divine  law,  which  tends  to  advance  the 
object  ot  the  law  in  establishing  public  schools,  must  be  considered  reasonable  and 
proper."     Burdick  v   Babcock,  81  Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge  of  his 
assistant  while  he  should  attend  to  official  duties  elsewhere.  On  his  return,  about 
4  p  M.,  the  assistant  reported  that  there  had  been  much  disorder  on  the  part  of 
some  of  the  pupils,  and  that  she  had  required  several  of  the  pupils  to  remain  and 
report  their  misdemeanors  to  the  superintendent.  Burritt  Harwood  being  called 
upon,  said  in  substance  :  "I  have  two  misdemeanors  to  report ;  I  threw  snow  into 
the  lower  hall  during  recess,  and  I  passed  a  piece  of  paper  across  the  aisle  to  my 
brother's  desk."  Both  are  recognized  as  violations  of  the  rules  of  the  school.  The 
nature  and  magnitude  of  the  first  are  readily  discernible,  and  need  no  further 
investigation  ;  not  so  of  the  second  ;  much  depends  upon  the  character  of  the 
'  'piece  of  paper, ' '  whether  simply  blank  paper  or  containing  writing  or  other  marks. 
Being  asked  to  state  the  nature  of  the  paper,  he  at  first  answered  evasively.  Being 
further  questioned,  he  replied  that  it  was  "pictorial,"  that  it  was  a  "burlesque  or 
caricature,"  that  "it  represented  the  schoolhouse  and  some  person  or  persons," 
that  "the  person  ot  persons  represented  were  connected  with  the  school."  The 
question,  "whom  he  had  intended  to  burlesque,"  after  some  hesitation  he  declined 
to  answer.     For  this  act  of  disobedience  he  was  suspended. 

The  question  which  he  refused  to  answer  appears  to  diflEer  in  no  essential  feature 
from  those  previously  answered .  By  it  the  teacher  simply  sought  to  discover  an 
additional  fact  in  connection  with  the  case.  If  he  had  a  right  to  ask  the  former  be 
had  the  latter.  If  there  is  any  reason  why  the  pupil  had  the  right  or  should  claim 
the  privilege  of  declining  to  answer  the  last,  he  should  have  stated  it.  Certainly 
no  good  reason  appears  from  the  nature  of  the  offense,  and  the  degree  of  punish- 
ment which  it  merited  depended  upon  the  information  which  the  teacher  sought  to 
obtain  by  this  and  the  previous  question.  If  the  paper  contained  simply  the  solu- 
tion of  a  problem  or  something  connected  with  his  lesson,  it  merited  one  degree  of 
punishment;  if  its  purpose  was  to  create  merriment  among  the  pupils,  thus  divert- 
ing their  attention  from  their  studies,  it  required  another  degree;  if  by  it  the  pupil 
sought  to  bring  ridicule  upon  a  teacher,  to  the  prejudice  of  good  order  and  gov- 
ernment of  the  school,  still  another;  each  would  be  a  violation  of  the  rules,  but 
not  each  equally  punishable.  The  claim  of  appellee  that  it  was  an  attempt  to  pry 
into  the  secrets  of  the  heart,  and  was  a  violation  of  the  right  of  conscience,  is 
scarcely  sustained  by  the  facts.  The  question  "whom  did  you  intend  to  repre- 
sent," is  essentially  equivalent  to  "whom  did  you  represent."  Its  purpose 
evidently  was  not  to  find  out  the  thought  or  intent,  but  the  act  of  the  pupil.  The 
question  was  simply  what  was  the  character  of  the  picture  drawn  and  circulated  to 
the  disturbance  of  the  school.  It  does  not  appear  'how  the  rights  of  conscience 
would  be  violated  in  answering  the  question.  It  may  be  true  that  the  picture 
itself,  if  produced,  would  furnish  the  best  evidence,  but  the  teacher  clearly  had 
the  right,  in  its  absence,  and  knowing  nothing  of  its  nature  beyond  what  the 
pupil  had  already  revealed,  to  seek  this  information  directly  and  immediately  by 
proper  questions.  Nor  can  the  pupil  shield  himself  under  the  provision  of  the  law 
that  a  prisoner  at  the  bar  cannot  be  compelled  to  answer  questions  which  will  tend 
to  render  him  criminally  liable  or  expose  him  to  public  ignominy.  He  is,  in  no 
proper  sense,  accused  of  crime  before  a  court  of  law,  authorized  to  sit  in  judgment 
under  a  criminal  code. 

The  picture,  which  was  afterward  produced,  reveals  anything  but  a  right  spirit 
in  the  pupil.  Probably  no  one  who  has  seen  it  doubts  that  it  is  a  coarse  caricature 
of  the  superintendent  and  his  assistant.  His  refusal  to  answer  was  evidently  not 
that  he  could  not  conscientiously  do  so,  nor  that  it  would  tend  to  criminate  him- 


SCHOOL   LAW   DECISIONS. 


17 


self,  but  was  a  de'iberate  act  of  insubordination  All  the  attendant  circumstances, 
the  evasive  and  studied  replies  to  the  superintendent's  questions,  the  caricature 
itself,  and  its  circulation  through  the  school  during  the  absence  of  the  superin- 
tendent, together  with  a  previous  malicious  caricature  of  the  same  nature,  all  reveal 
a  disregard  for  the  regulations  of  the  school,  the  respectful  conduct  due  from  a 
pupil,  and  an  animus  toward  the  teacher  anything  but  proper. 

In  our  opinion  unnecessary  stress  was  laid,  in  the  trial  before  the  superintend- 
ent, upon  the  technical  ground  of  suspension  by  the  superintendent.  The  board 
having  had  the  whole  subject  under  investigation,  including  statements  of  the 
offenses  from  both  the  superintendent  and  the  pupil,  sustained  the  superintendent, 
or  in  other  words,  suspended  the  pupil  conditionally  from  the  school,  as  it  prob- 
ably had  a  right  to  do  for  any  one  of  the  offenses  named.  This  being  a  discretion- 
ary act,  due  weight  must  be  given  to  such  action  by  an  appellate  tribunal, 
especially  should  the  board  be  sustained  in  all  legitimate  and  reasonable  measures 
to  maintain  order  and  discipline,  to  uphold  the  rightful  authority  of  the  teacher 
and  to  prevent  or  suppress  insubordination  in  the  school.  Reversed. 

ALONZO  ABERNETHY, 

June  8,  1874.  Superintendent  of  Public  Instruction. 


J.  W.  Hubbard  v.  District  Township  of  Lime  Creek. 

Appeal  from  Cerro  Gordo  County. 

Appeal.  The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 
within  their  control,  is  mandatory;  from  such  action  of  the  board  no  appeal  can 
be  taken.  If  such  action  is  tainted  with  fraud,  an  application  to  a  court  of  law  -s 
tke  proper  remedy. 

Board  of  Directors.  The  board,  though  not  bound  by  a  vote  of  the  electors 
directing  the  precise  location  of  a  schoolhouse  site,  is  required  to  so  locate  it  as  to 
accommodate  the  people  for  whom  it  is  designed. 

Board  of  Directors.  If  in  the  selection  of  a  site  the  board  violates  law  or 
abuses  its  discretionary  power,  its  action  may  be  reversed  on  appeal. 

Certiorari.  A  fraudulent  or  illegal  action  may  be  corrected  by  application  to  a 
court  for  a  writ  of  certiorari. 

The  electors  of  the  district  township  voted  a  tax  to  build  a  schoolhotise  on 
what  is  known  as  the  Simons  road,  near  where  it  crosses  the  Central  railroad. 
On  a  separate  motion ,  the  board  was  instructed  to  sell  the  schoolhouse  known  as 
number  three.  In  accordance  with  the  first  mentioned  action,  the  board  located 
a  schoolhouse  site  on  said  road,  fifty  feet  from  said  crossing.  From  this  action 
appeal  was  taken,  the  appellant  claiming  it  to  be  a  relocation  of  the  site  known  as 
number  three,  and  that  such  action  was  with  the  express  intention  of  selling  the 
schoolhouse  and  abandoning  the  site  thereof.  The  county  'superintendent 
reversed  the  action  of  the  board  and  the  district  township  appeals. 

The  district  township  coincides  with  a  congressional  township  in  boundaries 
and  extent,  and  is  comprised  in  one  subdistrict.  It  is  claimed  that  the  action  of 
the  district  township  meeting  did  not  represent  the  wishes  of  the  people;  that  there 
are  ninety-five  voters  in  the  district,  and  but  twenty-seven  were  present  at  such 
meeting;  also  that  in  the  location  of  the  site  the  board  did  not  consult  the  con- 
verience  of  the  people. 

Section  1717  provides  that  the  electors,  when  legally  assembled  at  the  district 
township  meeting,  shall  have  power  '  'to  direct  the  sale  or  other  disposition  to  be 
made  of  any  schoolhouse,  or  site  thereof,  and  of  such  other  property,  personal  and 
real,  as  may  belong  to  the  district.  "  Section  1723  provides  that  the  board  '  'sha:l 
make  all  contracts,  purchases,  payments,  and  sales  necessary  to  carry  out  any 
vote  ©f  the  district."     Section  1724  provides  that  the  board  '  'shall  fix  the  site  for 


18  SCHOOL  LAW   DECrSIONS. 

each  schoolhouse,  taking:  into  consideration  the  geographical  position  and  con- 
venience of  the  people  of  each  portion  of  the  subdistrict." 

The  execution  of  the  vote  of  the  electors  by  the  board  is  mandatory;  from  its 
action  in  so  doing  no  appeal  can  be  taken.  In  case  such  action  is  in  any  manner 
tainted  with  fraud,  an  application  to  a  court  of  law  is  the  proper  remedy. 

The  power  to  locate  schoolhouse  sites  is  vested  originally  in  the  board. 
Although  the  board  has  authority  to  locate  schoolhouse  sites,  yet  money  legally 
voted  by  the  electors  for  a  specific  purpose,  must  be  expended  in  accordance  with 
such  vote;  if  voted  to  erect  a  schoolhouse  in  a  certain  subdistrict,  it  cannot  legally 
be  used  to  build  a  schoolhouse  in  another.  While  any  directions  of  the  voters 
attempting  to  locate  precisely  a  schoolhouse  site,  are  void,  yet  the  board  is  bound 
so  to  locate  it  as  to  accommodate  the  people  for  whom  designed;  in  the  absence  of 
such  instructions  the  board  may  exercise  more  widely  its  discretioa  in  fixing 
schoolhouse  sites.  If  in  the  performance  of  this  duty  it  violates  law,  acts  with 
manifest  injustice,  or  in  any  manner  shows  an  abuse  of  discretionary  power,  its 
action  may  properly  be  reversed  by  the  county  superintendent.  In  this  case  we 
do  not  discover  that  the  board  has  in  any  manner  failed  in  the  proper  performance 
of  its  duty.  Reversed. 

ALONZO  ABERNETHY, 

July  7,  1875.  Superintendent  of  Public  Instruction. 


E.  GosTiNG  V.  District  Township  of  Lincoln. 

Appeal  from  Plymouth  Comity. 

Schoolhouse  Site.  The  action  of  a  committee  appointed  by  the  board  to  locate 
a  site  is  of  no  force  until  officially  adopted  by  the  board  while  in  session. 

Schoolhouse  Site.  Subdistrict  boundaries  cannot  be  changed  in  an  appeal 
relating  solely  to  locating  a  site,  nor  can  a  site  be  located  with  the  expectation  that 
boundaries  will  be  changed,  unless  such  intention  of  the  board  is  shown. 

Jurisdiction.  The  county  superintendent  has  jurisdiction  only  of  the  matter  to 
which  the  appeal  relates. 

Appeal.  The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the 
decision  or  order  complained  of.  Ordinarily  a  person  living  in  one  subdistrict  can- 
not appeal  from  an  action  of  the  board  locating  a  site  in  another. 

A  committee  appointed  to  locate  a  schoolhouse  site  for  the  accommodation  of 
the  residents  of  subdistricts  number  seven  and  nine,  reported  that  it  had  selected 
the  northwest  corner  of  section  ten ,  and  afterward  that  it  had  chosen  instead ,  a 
site  about  eighty  rods  east  of  the  northwest  corner  of  section  eleven.  There  is  no 
record  showing  that  any  action  was  taken  in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congressional  towaship 
number  90,  range  45.  The  appellant  resides  in  subdistrict  number  seven,  which 
comprises  the  west  one-half  of  the  same  congressional  township.  The  decision  of 
the  county  superintendent  is  as  follows:  '  'After  considering  the  evidence  and  the 
plat  introduced,  I  sustain  the  committee  in  its  first  location  at  the  northwest  corner 
of  section  ten  of  said  township."     D.  M.  Relyea  appeals. 

The  power  to  locate  schoolhouse  sites  is  vested  in  the  board  of  directors.  The 
action  of  a  committee  appointed  by  the  board  to  locate  a  schoolhouse  site  is  of  no 
force  until  its  report  is  officially  adopted  by  the  board  while  in  session. 

Section  1725  provides  that  the  board  "shall  determine  where  pupils  may  attend 
school;  and  for  this  purpose  may  divide  their  district  into  such  subdistricts  as  may 
by  them  be  deemed  necessary."  The  obiect  of  dividing  a  district  township  into 
subdistricts  is  to  determine  where  pupils  shall  attend  school.  While  it  is  frequently 
the  case  that  pupils  may  more  conveniently  attend  school  in  an  adjoining  subdis- 
trict, it  would  obviously  be  improper  to  locate  a  schoolhouse  site  expressly  for  th» 


SCHOOL  LAW   DECISIONS.  |9 

accommodation  of  such  pupils,  unless  with  the  intention  of  subsequently  making 
a  redivision  of  the  district  township.  The  county  superintendent  has  jurisdiction 
only  of  the  matter  to  which  the  appeal  relates.  He  cannot  properly  upon  an 
appeal  relating  to  the  location  of  a  schoolhouse  site  change  subdistrict  boundaries, 
nor  can  he  locate  a  schoolhouse  site  with  the  expectation  that  such  boundaries  will 
ultimately  be  changed,  unless  such  is  shown  to  be  the  intention  of  the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons  injuriously 
affected  by  the  decision  or  order  of  which  complaint  is  made.  Ordinarily,  a  person 
living  in  one  subdistrict  cannot  properly  appeal  from  an  action  of  the  board  locat- 
ing a  schoolhouse  site  in  another.  .. 

The  decision  of  the  county  superintendent  is  set  aside,  and  the  location  of  the 
schoolhouse  site  is  left  to  the  discretion  of  the  board.  Reversed. 

ALONZO  ABERNETHY, 

September  7,  1875.  Superintendent  ot  Public  Instruction. 

J.  E.  Brown  v.  District  Township  of  Van  ^^jW^^jduob  yna  lo 
Appeal  from  Dallas  County .  ..ri^^^^ih  »tr  f)«^»Mr^; 

Appeal.  The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old 
schoolhouse  site,  is  an  action  from  which  appeal  may  be  taken. 

Board  of  Directors.  The  action  of  the  board  cannot  be  reversed  upon  the  alle- 
gations of  appellant  without  proof,  or  by  reason  of  failure  to  make  defense. 

Board  op  Directors.  The  acts  of  the  board  are  presumed  to  be  regular,  legal 
and  just,  and  should  be  affirmed  unless  proof  is  brought  to  show  the  contrary. 

Subdistrict  Boundaries.  The  acts  of  a  board  changing  subdistrict  boundaries 
and  locating  schoolhouses  are  so  far  discretionary  that  they  should  be  affirmed  on 
appeal,  unless  it  is  shown  beyond  a  doubt  that  there  has  been  an  abuse  of  discre- 
tion. 

County  Superintendent.  The  weight  that  properly  attaches  to  the  discretion- 
ary actions  of  a  tribunal  vested  with  original  jurisdiction,  does  not  apply  to  the 
decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  selecting  the  old 
site  in  subdistrict  number  two,  upon  which  to  erect  a  schoolhouse,  and  located  the 
site  about  eighty  rods  westward  of  the  old  one.  From  this  decision  the  district 
township  appeals,  claiming  in  substance  that  the  county  superintendent  erred  as 
follows:  That  there  was  no  action  of  the  board  relative  to  the  selection  of  a  school- 
house  site  in  subdistrict  number  two  from  which  an  appeal  would  lie;  that  the 
board  failed,  by  reason  of  a  misunderstanding,  to  appear  and  defend,  and  that  it 
was  unjustly  refused  a  rehearing;  that  the  old  site  was  suitable,  convenient  and  at 
the  center  of  population,  both  present  and  prospective,  and  that  the  reversal  of 
the  action  of  the  board  was  without  sufficient  cause,  there  being  no  evidence  that 
it  abused  its  discretionary  power  or  acted  with  injustice. 

From  the  transcript  it  appears  that  a  committee  was  appointed  to  select  a  site 
for  the  erection  of  a  schoolhouse  in  subdistrict  number  two;  that  it  reported  in 
favor  of  the  old  site,  and  that  its  report  was  adopted  by  the  board.  The  law  pro- 
vides that  an  appeal  may  be  taken  by  any  party  agrieved,  from  any  order  or  deci- 
sion of  the  board. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter  to  which 
such  action  relates  is  the  location  of  a  schoolhouse  site  in  subdistrict  number  two, 
there  can  be  no  reasonable  doubt,  hence  the  action  of  the  board  was  subject  to 
appeal,  and  such  appeal  gave  to  the  county  superintendent  jurisdiction  in  the 
matter  of  location  of  said  schoolhouse  site. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to  all  parties 
directly  interested  in  an  appeal  from  the  board,  and  to  aflford  full  opportunity  for 


20  SCHOOL   LAW   DECISIONS. 

the  pressQtation  of  evidence,  but  the  action  of  the  board  cannot  properly  bs 
reversed  upon  the  allegations  of  the  appellant  without  proof,  or  by  reason  of  the 
failure  of  the  board  to  be  present  and  make  defense.  The  acts  of  the  board  are 
presumed  to  be  regular,  legal  and  just,  and  should  be  affirmed  by  the  county  super- 
intendent, unless  proof  is  brought  to  show  the  contrary.  In  this  case,  however, 
the  board  appears  to  have  had  due  notice  and  ample  opportunity  to  defend  the 
case.  It  is  not  claimed  that  any  additional  evidence  could  be  produced  that  would 
materially  affect  the  issue;  but  that  the  board,  understanding  through  popular 
report  that  the  case  was  withdrawn,  failed  to  be  present  at  the  trial,  and  upon 
this  ground  asks  for  a  rehearing,  which  was  very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central,  being  eighty 
rods  west  of  that  chosen  by  the  board.  Both  appear  to  be  suitable.  The  eastern 
part  of  the  subdistrict  is  mostly  prairie  land,  while  the  western  portion  is,  to  a 
considerable  extent,  timber  land. 

The  evidence  as  to  which  site  will  better  serve  the  interests  and"  convenience  of 
the  residents  of  the  subdistrict  is  conflicting.  The  board  is  entitled  to  the  benefit 
of  any  doubt  upon  this  point.  Unless  it  is  clearly  proven  that  it  has  violated  law, 
abused  its  discretionary  power,  or  has  acted  with  manifest  injustice,  its  action 
should  be  affirmed. 

It  is  urged  by  the  appellee  that  thesame  weight  attaches  to  actions  of  an  inferior 
appellate  tribunal,  upon  appeal,  that  is  given  to  tribunals  having  original  juris- 
diction. It  is  held  that  the  action  of  the  board  in  matters  of  which  it  has  original 
jurisdiction,  is  alone  entitled  to  this  consideration  by  any  superior  tribunal  upon 
appeal.  Reversed. 

ALONZO  ABERNETHY, 

September  17,   1875.  Superintefident  of  Public  Instruction. 


Mary  M.  Thompson  v.  District  Township  of  Jasper. 

Appeal  front  Adams  County. 

Teacher.  When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in 
the  courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when  discharged 
for  incompetency,  dereliction  of  duty,  or  other  cause  affecting  his  qualifications  as 
a  teacher,  he  has  the  right  of  appeal. 

Teacher.  The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  subdi- 
rector  and  board  in  all  matters  pertaining  to "  the  conduct  and  welfare  of  the 
school. 

The  board  discharged  the  teacher  in  one  of  the  public  schools  of  the  district  for 
dereliction  of  duty.  She  appealed  to  the  county  superintendent,  who  reversed  its 
decision;  from  this  action,  the  board,  through  its  president,  appeals. 

At  the  hearing  before  the  county  superintendant  the  board  filed  a  motion  tod-Is- 
miss  the  case  for  want  of  jurisdiction,  insisting  that  the  teacher  having  been 
dismissed  in  accordance  with  the  provisions  of  section  1734,  her  proper  remedy 
was  an  action  at  law  for  damages. 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the 
courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and  adequate  remedy. 
When  discharged  for  incompetency,  dereliction  of  duty,  or  other  cause  affecting 
his  qualifications  as  a  teacher,  he  has  the  right  of  appeal  to  the  county  superin- 
tendent, who  is  the  proper  officer  to  review  questions  of  this  character,  and  to 
determine  whether  the  board  has  in  the  exercise  of  its  authority  violated  the  law  or 
abused  its  discretionary  power.  Questions  concerning  the  validity  of  contracts,  the 
right  to  recover  for  services  performed ,  and  the  interpretation  of  law,  belcog 
especially  to  judicial  tribunals.  Questions  concerning  the  character  and  qualifi- 
cations of  the  teacher,  and  his  management  of  the  school,  are  by  appeal  within  the 


t^ 


FCHOOL  LAW   DECISIONS.  21 

jurisdiction    of   the    county  superintendent..    The  motion  to  dismiss  was  properly 
overruled . 

The  charges  of  dereliction  were  want  of  promptness  in  commencing  school  in  the 
morning,  and  an  occasional  refusal  to  hear  the  recitation  of  one  or  more  of  her 
pupils.  For  this  dereliction  there  appears  to  have  been  some  extenuating  circum- 
stances. Under  the  contract  it  was  the  subdirector's  duty  to  have  fires  built.  The 
boy  employed  to  do  this  work  often  failed  to  have  the  schoolhouse  in  comfortable 
condition  at  nine  o'clock.  The  teacher  usually  made  up  lost  time  by  teaching  after 
four  o'clock,  and  there  is  no  evidence  that  the  subdirector  or  board  ever  advised  her 
with  regard  to  the  performance  of  her  duties.  The  board  convened  at  the  school- 
house  without  previous  notice  to  the  teacher,  and  after  taking  the  testimony  of 
pupils,  unanimousl}'-  voted  to  discharge  her.  Affirmed. 

ALONZO  ABERNETHY, 

May  8,  1876.  Superintendent  of  Public  Instruction. 


S.   W.  Woods  et  al,  v.  District  Township  of  Brighton. 

Appeal  from  Cass  County. 

Board  of  Directors.  The  acts  of  the  board  must  be  presumed  to  be  regular, 
and  should  be  affirmed  unless  positive  proof  is  brought  to  show  the  contrary. 

Schoolhouse  Site.  The  prospective  wants  of  a  subdistrict  may  properly  have 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes  neces- 
sary,   but    not  in  securing  the  removal  of  a  schoolhouse  now  conveniently  located. 

Schoolhouse  Site.  To  make  a  distinction  between  the  children  of  freeholders 
and  those  of  tenants  in  determining  the  proper  location  for  a  schoolhouse,  is 
contrary  to  the  spirit  and  intent  of  our  laws. 

The  board  by  a  vote  of  five  to  two  rejected  a  petition  asking  the  removal  of  the 
schoolhouse  in  subdistrict  number  eight.  On  appeal  the  county  superintendent 
reversed  the  action  of  the  board,  and  ordered  the  removal  of  the  schoolhouse  to 
the  place  named  in  the  petition.     Wm.  F.  Altig  appeals. 

Subdistrict  numbereight  contains  sections  27,  28,  33,  34,  and  sixty  acres  lying  in 
section  32,  and  has  a  good  commodious  schoolhouse,  erected  three  years  ago,  one- 
half  mile  west  of  the  center,  on  a  public  road  passing  east  and  west  through  the  center 
of  the  subdistrict  There  are  about  thirty  children  of  school  age  in  the  subdistrict, 
twenty-two  of  whom  reside  in  the  western  half,  and  nineteen  west  of  the  present  site. 
All  those  residing  east  of  the  present  site,  except  one  child,  are  within  one  and  a  half 
miles  of  the  schoolhouse,  while  by  the  proposed  removal,  a  large  number  would 
be  at  a  greater  distance. 

The  action  of  the  board  in  refusing  to  remove  a  schoolhouse  should  not  be 
interfered  with  on  appeal,  except  upon  evidence  of  violation  of  law,  or  abuse  of 
discretionary  power.  In  this  case  there  is  no  evidence  of  such  abuse.  The  pros- 
pective wants  of  a  subdistrict  may  properly  have  weight  in  determining  the  selec  ! 
tion  of  a  site  upon  which  to  build  a  schoolhouse,  when  such  a  selection  becomes 
necessary,  but  not  in  determining  the  removal  of  a  house,  located  conveniently 
for  the  present  wants  of  the  subdistrict. 

It  appears  that  a  considerable  portion  of  the  school  population  consists  of  the 
children  of  tenants,  and  much  stress  is  laid  upon  the  assumed  distinction  that 
should  be  made  between  the  children  of  tenants  and  those  of  freeholders,  in 
determining  the  proper  location  of  the  schoolhouse.  Distinctions  based  upon  the 
ownership  of  property  or  permanence  of  residence  are  not  made  in  the  law,  would 
not  well  comport  with  the  fundamental  principles  upon  which  our  public  school 
system  is  based,  and  should  not  have  weight  in  determining  the  location  of 
schoolhouse  sites.  It  is  the  duty  of  the  board  to  provide  equal  school  facilities  for 
the  youth  of  the  district  as  far  as  practicable,  regardless  of  considerations  relating 


22  SCHOOL   LAW   DECISIONS. 

to  permanence  of  residence.  The  schoolhouse  may  properly  be  removed  whenever 
the  conditions  of  the  subdistrict  require  it,  but  unnecessary  expense  should  not 
be  incurred  in  such  removal  in  anticipation  of  possible,  or  even  probable,  changes 
of  this  character.  Reversed. 

ALONZO   ABERNETHY, 
July  31 ,  1876 .  Superintendefit  of  Public  Instruction . 


J.  N.  Arthur  ^^  «/.  v.  Independent  District  of  Fairway. 

Appeal  from  Adams  County. 

Schoolhouse  Sites.  The  necessities  of  the  present  must  be  observed  in  locating 
schoolhouse  sites,  in  preference  to  the  probabilities  of  the  future. 

Testimony.  New  testimony  can  be  introduced  only  when  the  facts  materially 
afifecting  the  case  could  not  have  been  known  before  the  trial. 

Remanding  of  Cases.  When  the  evidence  discloses  that  the  action  of  the  board 
was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to  determine  what 
should  be  done,  the  case  should  be  remanded  to  the  board. 

In  this  case  the  board  made  an  order  relocating  the  schoolhouse  site;  from  this 
order  J.N.  Arthur  and  others,  residents  of  the  district,  appealed  to  the  county 
superintendent,  and  upon  his  affirming  the  action  of  the  board,  to  the  superin- 
tendent of  public  instruction. 

The  district  consists  of  sections  one,  two,  eleven,  twelve,  thirteen  and  four- 
teen, and  the  old  schoolhouse  stands  near  the  southwest  corner  of  the  southeast 
quarter  of  section  one.  The  proposed  new  site  is  in  the  northwest  corner  of  the 
southwest  quarter  of  the  northwest  quarter  of  section  twelve,  on  a  public  highway 
and  one-quarter  of  a  mile  north  of  the  geographical  center  of  said  district. 

The  grounds  of  objection  by  the  appellants  to  the  removal  are  substantially, 
that  the  new  site  is  on  low  bottom  lands  and  subject  to  overflow,  not  accessible  at 
all  times  of  the  year,  and  that  it  is  not  as  near  the  center  of  the  school  population 
as  the  old  site.  They  also  suggest  that  a  location  at  the  cross  roads  one-half  mile 
east  of  the  new  site  is  better  ground  and  more  convenient  to  the  people.  In  fixing 
the  schoolhouse  site  the  geographical  position  and  the  convenience  of  the  people 
of  each  portion  of  the  district  should  be  considered. 

From  the  large  amount  of  testimony  it  is  evident  that  the  new  site  chosen  is  in 
a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed  by  a  number  of  resi- 
dents, proves  beyond  question  that  the  site  has  been  overflowed  for  several  days 
of  the  last  month.  By  a  close  comparison  it  is  found  that  the  number  of  residents 
who  will  have  their  distance  to  school  increased  by  choosing  the  new  site,  is 
greater  than  of  those  who  will  have  their  distance  diminished.  By  locating  the 
schoolhouse  at  the  cross  roads,  one-half  mile  east  of  the  proposed  new  site,  which 
location  is  claimed  to  be  higher,  and  therefore  less  liable  to  overflow,  three- 
fourths  of  the  residents  will  have  their  distance  diminished  by  forty  to  one  hun- 
dred and  sixty  rods. 

Although  it  may  be  true,  as  is  affirmed  in  the  testimony,  that  the  western  part 
of  the  district  is  as  capable  of  settlement  as  the  eastern  part,  the  necessities  of  the 
present  must  be  observed  in  locating  schoolhouse  sites,  in  preference  to  the 
probabilities  of  the  future.  While  it  is  the  rule  of  this  department  to  sustain 
discretionary  acts  of  the  board,  it  seems  that  in  this  case  the  true  interest  of  all 
concerned,  and  justice  to  a  large  portion  of  the  people,  demands  that  the  school- 
house  should  not  be  moved  to  the  new  site  chosen. 

To  what  extent  the  high  waters  of  last  month  did  affect  the  other  locations 
under  consideratiDn,  is  not  known  to  this  department;  it  is  therefore  best  to  let 
\:he  matter  come  up  anew  before  the  county  superintendent  for  a  rehearing.  The 
decision    of    the    county    superintendent    is    therefore   reversed,    and     the    case 


SCHOOL  LAW  DECISIONS.  23 

remanded  for  a  rehearinj^,  with  the  direction  from  this  department  that  the  pro- 
posed  new  site  is  an  unsuitable  one  for  school  purposes.  Reversed. 

C.  W.  VON  COELLN, 
October  31,  1876.  Superintendent  of  Public  Instruction. 


J.  J.  Wilson,  etal.  v.  District  Tow.vship  of  Monroe. 

Appeal  from  Mahaska  County, 

County  Super-INIEs^dent.  The  county  superintendent  is  not  limited  to  a 
reversal  or  affirmance  of  the  action  of  the  board,  bat  he  determines  the  sme 
questions  which  it  had  determined. 

SCHOOLHOUSE  SiTE.  The  location  of  a  schoolhouse  can  be  dependent  upon  a 
chaneje  of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  definite  and 
positive  intention  to  make  such  a  change. 

Highway.     If  possible,  evijry  schoolhouse  site  should  be  upon  a  public  highway. 

County  SuPERiNTSNDEisrr.  May  make  a  conditional  ruling,  by  which  his  own 
decision  will  be  governed. 

On  the  fourteenth  day  of  April,  1877,  the  board  located  the  site  for  a  schoolhouse. 
From  its  action,  J.J.  Wilson  and  others  appealed  to  the  county  superintendent, 
alleging  that  the  board  had  erred  in  making  the  location,  in  that,  by  reason  of 
distance  owing  to  the  location  of  the  roads,  the  location  as  made  effectually 
deprived  many  of  the  subdistrict  of  the  privilege  of  attendance  at  school.  On 
trial,  the  county  superintendent  reversed  the  action  of  the  board,  and  located  a 
new  site.  From  his  decision  the  board  appeals,  claiming  that  the  county  super- 
intendent erred  in  selecting  a  site  entirely  different  from  those  with  reference  to 
which  testimony  was  taken;  that  it  is  on  the  extreme  east  line  of  said  subdistrict, 
and  hence  cannot  be  called  at  all  central;  that  the  board  took  into  account  in 
making  the  location,  the  possibility  of  a  change  in  the  northern  boundary  of  the 
subdistrict,  which  would  make  the  situation  chosen  a  suitable  one  for  the  remain- 
ing subdistrict;  that  a  portion  of  his  decision  was  conditional  and  void;  and  that 
the  board  did  not  abuse  its  discretion  by  making  the  location  as  it  did. 

The  assumption  that  the  county  superintendent  did  not  have  the  right  to  locate 
a  schoolhouse  site  differing  in  location  from  the  one  made  by  the  board,  or  the 
one  petitioned  for  by  the  appellants,  is  a  mistake.  Ste  John  Clark  v.  District 
Township  of  Wayne,  School  Law  Decisions  of  1876,  page  47;  also  the  opinion  of 
the  attorney-general  in  lowx  School  Journal  for  April,  1835,  in  which  the  follow- 
ing ruling  was  made:  '  *  The  county  superintendent  is  not  limited  to  a  reversal 
or  affirmance  of  the  action  of  the  board,  but  he  determines  the  same  questions 
which  it  had  determined." 

The  nature  of  the  subdistrict  is  peculiar.  It  is  long  and  narrow,  and  its 
western  boundary,  the  North  Skunk  river,  which  also  makes  nearly  all  its  south- 
ern boundary,  is  a  disturbing  element  when  we  attempt  to  locate  the  site  of  a 
schoolhouse  to  accommodate  all  the  people.  While  under  ordinary  circumstances 
a  site  near  the  boundary  of  a  subdistrict  would  be  unadvisable,  in  this  case  it 
seems  necessary,  unless  additional  road  facilities  can  be  secured.  The  site 
selected  by  the  county  superintendent  is  clearly  the  one  best  calculated  to  accom- 
modate the  whole  subdistrict  as  constituted  at  present. 

The  location  of  a  schoolhouse  site  can  be  dependent  upon  a  change  of  bound- 
aries only  when  it  is  shown  in  evidence  that  it  is  the  intention  of  the  board,  or 
boards,  to  make  such  change.  In  this  case,  it  is  not  claimed  that  any  change  is 
actually  intended  or  expected.  The  limit,  as  made  provisionally  by  the  county 
superintendent,  of  thirty  days  for  such  changes  of  roads  as  would  make  a  mors 
central  location  feasible  and  desirable,  was  too  short  a  time,  under  the  provisions 
of  law,  to  effect   the  result.     For  that  reason  we  shall  extend  the  time  for  the 


24  SCHOOL   LAW   DECISIONS. 

establishment  of  a  road  to  ninety  days  from  the  date  of  his  decision,  or  to  snch 
time  as  the  board  of  directors  may  show  to  be  necessary  to  establish  the  road, 
provided  that  immsdiata  steps  shall  be  taken  to  bring  about  the  result,  if  desired. 

The  discretion  of  the  board  was  evidently  abused  in  not  providing  equal  school 
facilities  for  those  living  in  the  nortaern  portion  of  the  subdistrict,  by  the  location 
of  the  schoolhouse  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the  site  thereon, 
as  near  the  center  of  the  subdistrict  as  good  and  suitable  ground  can  be  found. 
If  no  steps  are  taken  to  secure  such  a  road,  or  in  case  the  road  cannot  be  pro- 
cured, the  location  last  chosen  by  the  county  superintendent  is  to  be  regarded  as 
the  site,  and  his  decision  is  hereby  Affirmed. 

C.  W.  vonCOELLN, 

August  7,  1877.  Superintendent  of  Public  Instruction. 


:  Wm.  Donald  v.  DisxRicr  Township  of  South  Fork. 

Appeal  from   Wayne  County. 

Salary  of  Teachers.  The  salary  of  teachers  should  be  in  proportion  to  their 
ability  and  responsibility,  and  not  equal  when  these  differ  materially. 

Salary  of  Te\chers.  The  control  of  salaries  is  wholly  within  the  power  of 
tho  board  and  cannot  be  determined  by  an  appeal,  because  it  is  not  within  the 
jurisdiction  of  county  or  state  supermtendent  to  order  the  payment  of  money. 

Explanatory  Notes.  Notes  to  the  school  law,  while  proper  aids  to  school 
officers,  have  not  the  binding  force  of  law,  and  a  non-compliance  with  them  is  not 
necessarily  a  violation  of  law. 

Schools.  The  wealthier  portions  of  the  community  should  aid  their  neighbors 
in  sustaining  good  schools. 

On  the  eighteenth  day  of  March,  1878,  the  board  made  an  order  fixing  the  sal- 
aries of  teachers  for  the  summer  schools  at  the  uniform  price  of  twenty  dollars  per 
month  From  this  action  William  Donald  appealed  to  the  county  superintendent, 
who  affirmed  the  action  of  the  board      From  his  decision  William  Donald  appeals 

It  is  alleged  by  the  appellant  that  the  county  superintendent  erred  in  deciding 
that  the  board  did  not  violate  law  in  voting  that  the  same  amount  of  salajry  should 
be  paid  to  the  teacher  in  each  subdistrict.  It  is  claimed  that  the  board  should  have 
provided  for  a  higher  salary  in  some  schools  of  the  township 

The  difficulty  with  appellant's  counsel  is  that  he  believes  the  note  to  be  a  part 
of  the  law.  My  predecessor  gave  his  own  views  of  the  employment  of  teachers 
and  I  most  fully  agree  with  him  in  his  view.  The  law  leaves  the  whole  matter  to 
the  board  and  presumes  that  it  will  deal  equitably.  Unfortunately,  selfishness  is  a 
nearly  universal  characteristic  of  human  kind,  and  too  often  the  majority,  repre- 
senting weak  subdistricts,  weak  both  in  numbers  and  in  property,  demands  an 
equal  distribution  of  the  money  on  hand  for  teachers'  pay. 

The  law  organizing  the  rural  independent  districts,  passed  in  1872.  arose  from 
the  feeling  that  this  selfishness  was  working  injustice  to  little  towns  and  wealthy 
and  populous  subdistricts.  The  creation  of  these  independent  districts  works  an 
injustice  to  the  weaker  districts,  for  it  is  proper  and  desirable  that  the  wealthier 
districts  should  aid  their  weaker  neighbors  to  sustain  fair  schools. 

With  regard  to  this  case,  we  do  not  see  wherein  the  board  violated  law.  The  idea 
of  prejudice  is  slightly  apparent  from  the  testimony,  but  not  sufficiently  to  reverse 
the  action  of  the  board  That  equity  has  not  been  observed  seems  very  evident, 
for  it  must  be  presumed  that  a  larger  school  population  requires  a  better  teacher, 
and  if  a  better  and  more  experienced  teacher  is  needed,  a  better  salary  ought  to  be 
paid.     There  are  other  considerations.     Usually  the  expense  of  living  is  greater  in 


SCHOOL   LAW    DECISIONS.  25 

the  town  than  in  the  country      It  is  also  the  probability  that  a  larger  tax  is  paia  by 
the  town  than  by  the  country. 

We  are  not  able  at  this  distance  to  determine  whether  twenty  dollars  is  a  suffi- 
cient compensation  for  the  teacher  of  subdistrict  number  four  of  South  Fork  But 
if  twenty  dollars  is  only  sufficient  compensation  for  the  country  subdistricts,  it  is 
our  belief  that  a  higher  salary  should  be  given  the  teacher  in  the  town 

It  is  out  of  our  jurisdiction  to  give  advice  to  the  board  what  to  do  in  this  case, 
after  determining  that  we  have  no  power  to  reverse  its  action,  but  we  suggest  that 
equity  would  be  served  if  it  should  pay  the  five  dollars  per  month  assumed  by  Mr 
Anderson  After  giving  our  views  thus  in  full,  we  must  agree  with  the  county 
superintendent,  and  his  decision  is  therefore  Affirmed. 

C.  W    VON  COELLN, 

June  29,  1878.  Superintendent  of  Public  Instruction. 


Jamfs  Jacoby  et  al.  v.  Independent  District  of  Nodaway. 

Appeal  from  Adams  County. 

SCHOOLHOUSE  SiTE  A  schoolhouse  site  fixed  by  county  or  state  superintendent 
affirming  the  discretionary  act  of  the  board,  allows  the  board  to  exercise  its  dis- 
cretion again,  especially  if  material  changes  have  occurred. 

Discretionary  Acts.  Suggestions  from  the  electors  upon  matters  entirely  within 
the  control  of  the  board  will  in  no  manner  prevent  the  fullest  exercise  of  the  dis- 
cretion vested  in  the  board  by  the  law. 

SCKOOLHOUSE  SiTE.  The  endeavor  to  show  regird  for  the  expressed  wishes  of  the 
electors  in  the  choice  of  a  site  will  be  an  added  reason  in  support  of  the  action  of 
the  board. 

In  the  summer  of  1877,  the  board  located  a  schoolhouse  site,  selecting  one  not 
desired  by  a  large  majority  of  the  electors,  as  expressed  at  an  informal  meeting 
called  by  the  board.  An  appeal  was  taken  to  the  county  superintendent,  who 
reversed  the  action  ot  the  board,  and  in  turn  to  the  superintendent  of  public  in- 
struction, who  reversed  the  decision  of  the  county  superintendent,  thereby  sustaining 
the  action  of  the  board,  on  the  ground  that  abuse  of  the  discretion  given  by  the 
law  to  the  board,  as  charged,  was  not  proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has  been  erected 
within  twenty  rods  of  the  site  chosen.  Also,  a  material  addition  has  been  made 
to  the  district  on  its  east  side  of  a  strip  of  land  three  miles  in  length  and  one-half 
mile  in  width. 

At  a  meeting  of  the  board  held  April  22,  1878,  it  relocated  the  schoolhouse 
site,  choosing  the  old  site  in  place  of  the  one  selected  by  it  last  year.  From  its 
action  James  Jacoby  and  others  appealed  to  the  county  superintendent,  who 
affirmed  the  order  of  the  board.     D.  Shipley  and  Ed  Kennedy  appeal. 

This  case  was  before  us  last  >ear  and  we  affirmed  the  action  of  the  board  in 
selecting  the  new  site,  sustaining  the  discretionary  act  of  the  board.  Hence,  the 
principle  that  a  site  selected  by  the  county  or  state  superintendent  cannot  be 
changed  unless  there  have  been  material  changes  in  the  district,  does  not  apply. 
There  have  been  changes  by  the  addition  of  new  territory  and  a  dwelling  being 
erected  within  less  than  forty  rods  of  the  proposed  site.  The  choice  of  the  old 
site  is  in  conformity  w'ith  the  wish  of  a  majority  of  the  electors,  and  does  not 
prove  any  abuse  of  discretion,  much  less  a  violation  of  law.  The  action  of  the 
board  is  sustained,  and  the  decision  of  the  superintendent  Affirmed. 

C.  W.  VON  COELLN, 

August  26,  1878,  Superintendent  of  Public  Instruction. 


26  SCHOOL   LA.W  DECISIONS. 

L.  E.  CoRMACK  V.  District  Township  of  Lincoln. 
Appeal  from  Adams  County. 
Jurisdiction.    An  appeal  will  not  lie  to  enforce  a  contract. 

Janitorial  Services.     If  a  teacher  serves  as  janitor  in  sweeping  the  room  and 
building  fires,  he  should  be  paid  from  the  contingent  fund  for  such  services. 

Mr.  Vandyke,  asubdirector,  contracted  with  Mrs.  L.  E.  Cormack  as  teacher 
for  the  winter  term  of  school.  The  terms  of  the  contract  included  that  the 
teacher  was  to  receive  twenty-five  dollars  per  month  for  teaching  and  one  dollar 
and  twenty-five  cents  a  month  for  building  the  fires  and  sweeping  the  school- 
house.  The  board  refused  to  audit  the  full  account,  which  would  give  the  teacher 
pay  for  janitor's  work,  claiming  that  the  said  subdirector  exceeded  his  authority 
in  so  contracting.  Mrs-  Cormack  appealed  to  the  county  superintendent,  who 
reversed  the  action  of  the  board.     W.  C.  Potter,  president  of  the  board,    appeals. 

This  case  has  evidently  for  its  object  the  securing  of  money  on  contract,  and 
as  section  1836  prevents  county  and  state  superintendents  from  rendering  a  judg- 
ment for  money,  it  has  been  the  common  custom  to  refuse  to  entertain  any  appeal 
in  which  a  contract  is  to  be  decided  by  such  appeal;  for  this  reason  the  county 
superintendent  should  have  dismissed  the  case  for  want  of  jurisdiction. 

It  may  not  be  out  ot  place  here  to  state  that  unless  a  contract  with  the  teacher 
provides  that  building  fires  and  sweeping  the  house  is  included,  the  board  cannot 
require  such  service  of  the  teacher.  The  payment  for  such  services  should  come 
form  the  contingent  fund  and  should  be  specifically  mentioned.  The  teachers' 
fund  is  not  to  be  used  for  paying  for  janitorial  services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that  the  sub- 
director  did  not  exceed  his  authority  given  him  by  section  1753  when  he  agreed 
to  pay  a  reasonable  sum  for  janitorial  services  besides  the  twenty-five  dollars  paid 
under  instruction  from  the  board  for  teacher's  services.  But  since  we  do  not  con- 
sider the  case  within  our  jurisdiction  the  decision  of  the  county  superintendent 
is  reversed  and  the  case  Dismissed. 

*  C.  W.  vonCOELLN, 

March  1,  1879.  Superintendent  of  Public  Instruction. 


W.  F.  Rankin  v.  District  Township  of  Lodomillo. 

Appeal  from  Clayton  County. 

Records.  The  record  of  the  secretary  shall  be  considered  as  evidence,  and  can- 
not be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  falsehood. 

Territory.  Where  territory  is  to  be  transferred  by  concurrent  action  of  two 
boards  to  the  district  to  which  it  geographically  belongs,  a  majority  of  the  mem- 
bers elect  is  not  necessary,  as  required  for  the  change   of  subdistrict  boundaries. 

Appeal.  The  action  of  two  boards  upon  a  subject  over  which  they  have  divided 
control  constitutes  a  concurrent  action,  and  appeal  may  be  taken  only  from  the 
order  of  the  board  taking  action  last. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township  of  Cass, 
which  has  belonged  to  the  district  township  of  Lodomillo  since  1856,  to  the  town- 
ship to  which  it  geographically  belongs. 

The  board  of  the  district  township  of  Cass  appointed  a  committee  to  meet  a 
committee  chosen  by  the  Lodomillo  board,  to  agree  upon  terms  of  transfer.  The 
district  township  of  Lodomillo  also  appointed  a  committee.  The  joint  committee 
agreed  upon  a  repoi't,  which  the  board  of  Cass  adopted  September  16,  1878.  On 
the  twelfth  day  of  October,  1878,  the  Lodomillo  board,  by  a  vote  of  four  of  the  six 

*NOTB— We  have  since  learned  that  the  teacher  recovered  in  a  suit  in  the  courts  at  law. 


SCHOOL   LAW    DECISIONS.  27 

members  present  of  a  board  of  ten,  also  adopted  the  report  and  accepted  the 
proposition  agreed  to  by  the  board  of  Cass. 

From  the  action  of  the  Lodomillo  board  W.  F.  Rankin  appealed  to  the  county 
superintendent,  who  dismissed  the  case  for  want  of  jurisdiction,  and  stated  that 
the  action  of  the  board  was  plainly  in  violation  of  the  law,  since  section  1738 
requires  a  majority  of  the  board  to  change  the  boundaries  of  subdistricts.  From 
this  decision  W.  F.  Rankin  appeals. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the  board  of 
Lodomillo,  held  October  12,  1878,  does  not  show  any  irregularity  in  the  trans- 
action, does  not  show  the  number  of  members  present  nor  the  number  of  votes 
cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law  the  records  of  any  public  or 
private  corporation  must  be  considered  regular,  and  cannot  be  set  aside  by  parol 
'evidence,  except  under  an  allegation  of  fraud.  Based  upon  the  evidence  of  the 
transcript  the  whole  transaction  was  carried  on  in  conformity  with  law,  and  we 
can  see  no  reason  to  interfere  with  the  action  of  the  board.  If  we  admitted  the 
testimony  of  M  E.  Axtel,  showing  that  only  six  members  of  a  board  of  ten  were 
present,  and  that  four  of  these  six  voted  for  the  transfer,  we  would  still  hold  that 
said  transfer  was  legally  made.  The  action  of  the  board  was  not  a  change  of 
boundaries  of  subdistricts,  but  a  transfer  under  section  1798.  The  territory  trans- 
ferred, being  part  of  districts  organized  before  the  law  of  1858  took  effect,  could 
be  transferred  by  concurrent  action  of  the  boards  to  the  district  to  which  it  geo- 
graphically belongs,  and  the  limitation  of  section  1738,  requiring  a  majority  of 
the  board  to  chinge  subdistrict  boundaries,  is  not  applicable  to  this  case. 

The  appeal  is  brought  from  the  action  of  the  board  which  concurred,  and  is 
therefore  taken  in  a  proper  manner.  For  the  reasons  set  forth  the  action  of  the 
board  is  sustained  and  the  decision  of  the  superintendent  is  Reversed. 

C.  W.  VON  COELLN, 

May  28,  1879.  Superintendent  of  Pitblic  Instruction . 


L.  B,  CoLBURN  et  at.  v.   District  Township  of  Silver  Lake. 

Appeal  from  Palo  Alto  County. 

Evidence.  To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
testimony  must  be  introduced,  and  the  evidence  must  be  conclusive. 

County  Superintendent.  A  county  superintendent  should  not  ask  the  state 
superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  inter- 
pretation of  law,  either  by  the  state  superintendent,  or  through  him,  by  the 
attorney-general. 

On  the  twenty- fifth  day  of  August,  1879,  the  board  fixed  the  location  of  a  school- 
house  on  the  old  site.  From  this  order  L.  B.  Colburn  and  others  appealed  to  the 
county  superintendent,  who  affirmed  the  action  of  the  board,  and  from  this 
decision  the  same  parties  appeal. 

Among  the  errors  enumerated ,  the  appellants  urge  that  the  county  superin- 
tendent erred  in  holding  that  the  board  was  not  actuated  by  passion  or  prejudice. 
We  fail  to  find  any  evidence  establishing  the  existence  of  such  malice  or  prejudice 
on  the  part  of  the  board.  Appellants  also  claim  that  the  county  superintendent 
erred  in  basing  his  decision  on  the  verbal  opinion  of  the  state  superintendent, 
given  prior  to  the  hearing  of  the  case. 

This  affords  an  opportunity  of  censuring  a  practice  quite  common  among 
county  superintendents  to  ask  the  superintendent  of  public  instruction  for  his 
opinion  in  an  appeal  which  is  pending.  We  have  made  it  a  universal  practice  to 
refuse  answers  upon  the  questions  involved  in  the  particular  case,  and  have  given 
only  general  principles  which  should  govern  county  superintendents  in  determining 


28  SCHOOL   LAW   DECISIONS. 

cases  of  appeal.     These  general  principles  are  so  well  established  that  an  intelli- 
gent county  superintendent  ought  to  be  familiar  with  them. 

We  advised  the  county  superintendent  in  this  case  not  to  measure  the  respective 
distances  of  the  different  locations  from  the  geographical  center,  before  the  trial 
of  the  appeal. 

It  is  proper  for  a  county  superintendent  to  ascertain  the  interpretation  of  points 
of  law,  by  securing  an  opinion  from  this  department,  or  from  the  attorney-general 
through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations,  we  must  hold 
that  the  board  did  not  abuse  its  discretion  sufficiently  to  warrant  interference. 
The  appellants  failing  to  prove  malice  or  prejudice  on  the  part  of  the  board,  its 
order  should  stand,  and  the  decision  of  the  county  superintendent  affirming  its 
action  is  Affirmed. 

C    W.  VON  COELLN, 

March  30,  ISSO.  Superintendent  of  Public  Instruction. 


Wm.  Bartlett  v.  District  Township  of  Spencer. 
Appeal  from  Clay  County. 
Appeal.     May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board. 
Boundaries.     Must  conform  to  congressional  divisions  of  land. 
ScHOOLHOUSE  SiTE.     Proper  location  of,  depends  upon  form  of  subdistrict. 
Territory.     All  territory  must  be  included  within  some  school  district. 

On  the  twenty- second  day  of  October,  1881,  the  board  adopted  the  report  of  a 
committee  locating  a  site  for  a  schoolhouse  in  subdistrict  number  nine  on  the 
southeast  corner  of  the  southeast  quarter  of  section  twenty-one.  From  its  orc'er, 
William  Bartlett  appealed  to  the  county  superintendent,  who  reversed  the  action 
of  the  board  and  located  the  site  on  the  northwest  corner  of  the  northeast  quarter 
of  the  southeast  quarter  of  section  twenty-one.     C.  F.  Archer  appeals. 

The  counsel  for  the  appellants  files  a  motion  to  dismiss  the  appeal  on  the 
ground  that  persons  not  parties  to  the  hearing  below  are  debarred  from  appeal- 
ing to  the  superintendent  of  public  instruction.  It  has  been  repeatedly  held  that 
any  person  aggrieved  may  prosecute  an  appeal  from  the  decision  of  the  county 
superintendent,  unless  the  right  of  appeal  has  been  waived  by  previous  agreement. 

The  subdistrict  in  which  the  location  was  made  was  formed  by  action  of  the 
board  at  the  regular  meeting  in  last  Septeaaber.  The  boundaries  fixed  by  the 
board  at  that  time,  as  shown  by  the  plats  in  evidence,  are  the  Little  Sioux  river 
and  Prairie  creek  on  the  north,  east  and  south,  and  the  half  section  line  running 
north  and  south  through  sections  eighteen,  nineteen,  thirty  and  thirty-one,  as  the 
western  boundary. 

It  is  shown  by  the  plat  that  the  half  mile  strip  on  the  western  side  of  the  sub- 
district  is  supposed  not  to  belong  to  subdistrict  number  nine,  and  it  is  stated  by 
.the  county  superintendent  that  this  territory  is  supposed  to  be  temporarily  attached 
to  the  adjoining  township  for  school  purposes.  We  are  compelled  to  notice  this 
irregularity  of  boundaries,  since  the  proper  location  of  any  schoolhouse  obviously 
depends  largely  upon  the  form  and  extent  of  the  territory  for  which  the  house  is 
designed.  Section  1796,  providing  for  the  creation  of  subdistricts,  and  for  subse- 
quent alterations  in  their  boundaries,  contains  the  following:  "Provided  that  the 
boundaries  of  subdistricts  shall  conform  to  the  lines  of  congressional  divisions  of 
land."  When  government  lines  follow  large  streams  or  other  bodies  of  water,  a 
division  is  sometimes  formed  containing  less  than  forty  acres;  but  unless  such  excep- 
tion applies,  the  smallest  congressional  division  is  the  one-sixteenth  of  a  section, 
or  forty  acres  in  a  square  form.     In  fixing  the  boundaries  of  subdistricts  no  smaller 


SCHOOL   LAW    DECISIONS.  29 

subdivision  can  be  made,  and  a  forty-acre  tract  must  be  included  in  the  subdistrict 
or  excluded  as  a  whole. 

The  only  provision  of  law  by  which  the  half  mile  strip  could  be  attached  to 
the  adjoining  district  township  is  found  in  section  1797.  The  transfer  can  be 
made  only  when  natural  obstacles  intervene.  It  is  apparent  from  the  plats  in  evi- 
dence that  no  large  unbridged  stream,  or  any  other  natural  obstacle  exists.  Hence 
we  must  conclude  that  it  is  the  duty  of  the  board  of  directors  of  the  district  town- 
ship of  Spencer  to  provide  that  the  strip  in"  question  shall  be  a  part  of  some  sub- 
district. It  seems  probable  that  a  portion  of  the  territory  referred  to  will  naturally 
fall  to  subdistrict  number  nine.  The  county  superintendent  appears  to  have  pre- 
sumed that  the  subdistrict  would  ultimately  include  all  the  territory  to  the  township 
line.  That  the  territor)  does  belong  to  the  district  township  of  Spencer,  unless  it 
has  been  attached  to  the  adjoining  township,  in  accordance  with  section  1797,  there 
can  be  no  question.  Such  being  the  facts  in  this  case,  and  the  ev  dence  disclosing 
that  the  board  did  not  exercise  that  care  in  selecting  a  site  which  is  desirable  when 
so  many  interests  are  involved,  we  are  disposed  to  remand  the  case  to  the  board, 
with  the  suggestion  that  it  adjust  the  boundaries  of  the  subdistrict,  and  determine 
upon  some  other  site  than  the  one  chosen  by  it,  with  the  intention  to  furnish  the 
best  accommodation  to  all  parties.  Reversed  and  remanded. 

J.  W.  AKERS, 
February  15,  1882.  Superintendent  of  Public  Instruction. 


J.  D.  Handersheldt  v.  District  Township  of  D.=  s  Moines. 

Appeal  from  Jefferson  County . 

Discretionary  Acts      Abuse  of  discretion  is  not  established  by  testimony  show- 
ing that  a  different  action  would  have  been  preferred  by  the  electors. 

District  Organization.     The  county  superintendent  has  no  jurisdiction  to  deter- 
mine the  validity  of  district  organization. 

Testimony.     To  be  legal  must  be  given  under  oath. 

Boundaries.      Of  subdistricts,  changed  between  September  and  March. 

Majority  Vote.     Of  whole  board  required  to  change  subdistrict  boundaries. 

A  petition  was  presented  to  the  board  asking  that  certain  territory  in  Des  Moines 
township  be  set  aside  to  form,  in  connection  with  territory  to  be  obtained  from  the 
independent  district  of  Liberty,  number  eight,  a  new  subdistrict  to  be  known  as 
subdistrict  number  nine,  Des  Moines  township.  The  board  acted  on  this  petition 
and  made  the  following  order:  "In  the  matter  of  the  petition  of  J.  D.  Hander- 
sheldt and  Silas  Pearson,  asking  for  the  formation  of  a  new  subdistrict  to  be  known 
as  number  nine,  in  the  district  township  of  Des  Moines,  all  the  territory  within 
the  boundary  lines  therein  described,  is  hereby  granted,  provided  sufficient  terri- 
tory be  granted  by  the  independent  school  district  of  Liberty,  number  eight,  to 
make  a  suitable  and  convenient  subdistrict  as  to  the  amount  of  territory  and  the 
number  of  children  of  school  age;  and,  provided,  that  in  case  the  territory  is  not 
granted  by  said  independent  district  of  Liberty  number  eight,  then  said  territory 
hereby  granted  shall  remain  and  be  a  part  of  subdistrict  number  five,  of  the  district 
township  of  Des  Moines." 

On  the  twenty-eighth  day  of  April,  1882,  the  board  of  the  district  township  of 
Des  Moines,  at  a  special  meeting,  adopted  the  following  resolution:  *  'It  is  hereby 
ordered  that  all  action  heretofore  taken  by  the  board  of  the  district  township  of 
Des  Moines,  in  the  formation  and  organization  of  subdistrict  number  nine,  in  the 
aboved  named  township,  is  hereby  rescinded."  From  this  action  of  the  board, 
J.  D.  Handersheldt  appealed  to  the  county  superintendent,  who  upon  hearing  the 
case  on  appeal  rendered  the  following  decision:     ''A  resolution  passed  rescinding 


30  SCHOOL  LAW   DECISIONS. 

an  action  which  has  not  as  yet  taken  effect,  is  legal,  but  so  far  as  it  concerns 
formation  and  organization  which  is  already  completed,  it  is  illegal."  From  this 
-action  or  decision  of  the  county  superintendent,  J.  D.  Handersheldt  appeals. 

It  appears  from  the  transcript  of  the  county  superintendent  that  the  witnesses 
were  not  sworn.  A  failure  to  take  testimony  under  oath  is  fatal  to  the  case,  even 
though  from  its  nature  it  came  properly  before  the  superintendent  on  appeal. 

A  brief  examination  will  be  sufficient,  we  think,  to  show  that  this  action  should 
have  been  dismissed  by  the  county  superintendent  for  want  of  jurisdiction,  since 
no  appeal  wil  lie  when  the  validity  of  the  district  organization  is  involved. 

This  appeal  was  taken  from  the  action  of  the  board  to  the  superintendent,  for 
the  purpose  of  determining:  whether  or  not  the  board  erred  in  rescinding  its 
former  action  creating  subdistrict  number  nine.  There  was  very  little  evidence 
bearing  on  this,  the  sole  issue  in  the  case.  Witnesses  simply  stated  that  they  were 
•or  were  not  in  favor  of  subdistrict  number  nine. 

Such  testimony  can  have  no  bearing  in  an  action  to  establish  error  on  the  part 
•of  the  board.  Appellants  set  forth  in  their  affidavit  that  the  county  superintend- 
-ent  erred,  in  that  he  refused  to  admit  testimony  to  show  that  there  never  had  been 
any  legal  organization  of  subdistrict  number  nine.  We  think  such  evidence  was 
properly  excluded,  and  yet  it  is  necessary,  to  enable  any  tribunal  to  arrive  at  a 
•decision  of  the  case;  for  if  the  district  was  organized  according  to  law,  then  the 
board  committed  error  in  making  an  order  which  operated  to  discontinue  it,  and 
hence  to  change  boundaries  of  subdistricts  at  a  time  of  year  in  which ,  according 
to  our  holding,  it  cannot  be  done.  Upon  the  presumption  that  the  district  was 
legally  organized,  it  committed  error  by  making  a  change  of  subdistrict  bounda- 
ries without  a  majority  of  the  whole  board. 

It  must  therefore  be  determined  whether  the  conditions  upon  which  the  board 
•of  Des  Moines  township  granted  the  territory,  were  fulfilled,  or,  in  other  words, 
it  must  be  known  whether  or  not  the  independent  district  number  eight,  of  Lib- 
erty, concurred  in  the  transfer  of  the  territory.  But  neither  the  county  superin- 
tendent nor  this  department  is  competent  to  determine  the  legality  of  a  district 
•organization,  and  it  is  therefore  impossible  for  us  to  decide  whether  or  not  the 
board  committed  error. 

The  remedy  is  an  application  to  a  court  of  law  for  mandamus  to  compel  the 
board  to  recognize  the  subdirector  of  subdistrict  number  nine,  as  a  school  officer 
and  member  of  the  board  of  the  district  township  of  Des  Moines.  Were  the  issues 
involved  within  our  jurisdiction,  we  would  not  hesitate  to  consider  them,  but  as 
no  question  of  such  nature  is  connected  with  the  case  it  is  Dismissed. 

J.  W.  AKERS, 

November  2,  1882.  Superintendent  of  Public  Instruction. 

Appleton  Park  v.  Independent  District  of  Pleasant  Grove. 

Appeal  from  Des  Moines  County, 

Records.     The  official  record  is  its  own  best  evidence.     Testimony  intended  to 
-contradict  the  record  should  not  be  admitted. 

Records.     Records  not  made  and  certified  to  by  the  proper  officers  as  required 
by  law  are  defective  and  may  be  impeached  by  collateral  evidence . 

Teacher.     The    law  provides    that  a  teacher   shall  have  a  fair    and  impartial 
"trial,  with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers. 

Charges.     Must  be  clearly  sustained  by  the  evidence. 

Appleton  Park  was  duly  engaged  and  contracted  with .  He  began  teaching  on  the 
fourth  day  of  September,  1882 ;  after  some  ten  or  eleven  days  had  expired,  during 
which  time  he  had  taught  the  school,  he  was  waited  upon  by  the  entire  board, 
called  to  the  door  and  informed  that  certain  rumors  were  being  circulated,  to  the 


SCHOOL  LAW    DECISIONS.     .  31 

effect  that  he  had  been  guilty  of  using  obscene  and  vulgar  language  in  the  pres- 
ence of  his  pupils,  and  during  regular  school  hours.  The  board  called  at  the 
schoolhouse  again  about  the  hour  for  closing  the  school  in  the  afternoon,  and  the 
school  having  been  dismissed,  it  proceeded  to  examine  three  of  the  boys  as  to  the 
truth  of  the  charges  above  referred  to.  The  result  of  this  action  was  that  the 
teacher  left  the  school  and  the  board  employed  another  teacher.  Mr.  Park 
appealed  to  the  county  superintendent,  who  reversed  the  action  of  the  board 
whereupon  D.  L.  Portlock,  president  of  the  board,  appeals. 

The  principal  difficulty  presented  in  this  case  seems  to  be  to  determine  just 
what  that  action  or  order  of  the  board  was  from  which  the  appeal  was  taken. 
The  transcript  filed  by  the  secretary  of  the  board,  is  as  follows:  "Complaint 
being  made  by  some  of  the  scholars  to  the  school  board,  in  regard  to  the  teacher, 
Appleton  Park,  using  indecent,  rough  and  insulting  language  during  school  time, 
the  board  met  at  the  schoolhouse  to  make  an  investigation.  The  board  stated  the 
above  charges  to  the  teacher,  Appleton  Park,  who  after  reflecting  upon  the  matter, 
proposed  his  resignation  to  the  board.  The  board,  after  due  consideration, 
accepted  the  same.  The  question  being  settled  in  the  above  way,  and  no  other 
business  before  the  board,  the  board  then  adjourned." 

The  parol  evidence  of  Appleton  Park  was  admitted  to  offset  and  impeach  the 
record.  This  was  clearly  in  violation  of  well  established  law,  if  the  record  was 
really  what  it  purported  to  be,  a  true  and  authenticated  copy  of  the  proceedings 
of  the  meeting  of  the  board  referred  to. 

Starkie  on  Evidence,  says:  "Where  written  instruments  are  appointed,  either 
by  the  immediate  authority  of  law,  or  by  the  compact  of  the  parties,  to  be  the 
permanent  repositories  and  testimony  of  truth,  it  is  a  matter  both  of  principle 
and  of  policy,  to  exclude  any  inferior  evidence  from  being  used,  either  as  a 
substitute  for  such  instruments,  or  to  contradict  or  alter  them;  of  principle,  because 
such  instruments  are  in  their  own  nature  and  origin  entitled  to  a  much  higher 
degree  of  credit  than  that  which  appertains  to  parol  evidence;  of  policy,  because  it 
would  be  attended  with  great  mischief  and  inconvenience  if  those  instruments 
upon  which  men's  rights  depend  were  liable  to  be  impeached  and  controverted  by 
loose  collateral  evidence."     Starkie,  part  IV.  p.  99.=5,  Vol.  IK,  3d  Amer.   Ed, 

The  fact  that  the  transcript  referred  to  is  not  certified  to  by  the  secretary,  and 
the  further  fact  that  he  was  not  present  at  the  board  meeting  in  question,  and 
wrote  the  minutes  as  dictated  from  memory  by  the  president  of  the  board,  three 
days  after  the  meeting,  fully  justified  the  superintendent  in  ruling  it  out  and  in 
admitting  parol  evidence. 

We  come  now  to  consider  whether  the  trial  before  the  board  was  such  a  pro- 
ceeding as  is  required  by  section  1734.  The  board  called  in  the  morning  and 
informed  the  teaoher  of  the  charges  preferred  against  him,  whereupon  he  offered 
to  resign.  It  instructed  him  to  proceed  with  his  school  and  stated  that  it  would 
return  in  the  evening.  During  the  day  the  board  worked  up  its  case  against  the 
teacher,  while  he  was  so  employed  as  to  prevent  him  from  giving  thought  or 
attention  to  the  charges,  or  to  the  preparation  of  any  adequate  defense. 

We  must  sustain  the  superintendent  in  finding  that  the  trial  and  opportunity 
to  defend  was  not  what  the  law  intends  every  teacher  shall  have.  Every  teacher 
is  entitled  to  the  sympathy  and  support  of  the  school  board,  and  where  there  is 
any  reasonable  doubt  as  to  the  truth  of  stories  circulated  by  school  children,  the 
teacher  should  have  the  benefit  of  such  doubt.  We  believe  that  had  the  board 
been  in  sympathy  with  the  teacher  in  this  instance,  it  would  have  decided  that 
the  charges  were  not  sustained  by  the  evidence,  at  least  by  any  evidence  which 
appears  of  record.  That  the  teacher  offered  to  resign  in  the  evening  does  not 
appear  from  the  evidence  offered  in  behalf  of  the  board,  while  it  does  appear  that 
at  least  one  member  of  the  board  told  him  "he  had  better  quit." 


32  .     SCHOOL  LAW    DECISIONS. 

We  are  compelled  to  hold  that  the  teacher  was  dismissed,  and  that  in  doing  so 
for  no  sufificient  reason  the  board  erred  and  the  decision  of  the  county  superin- 
tendent is  therefore  Affirmed. 

J.   W.  AKERS, 

February  16,  1883.  Superintendent  of  Public  Instruction , 


J.  B.  B.  Baker  v.  iNOEPEXDExr  District  of  Waukon. 

Appeal  from  Allamakee  County . 

Rules  and  Regulations.      In  establishing   and   enforcing    regulations    for   the 
government  of  scholars  the  board  has  a  large  discretion. 

On  the  seventh  day  of  June,  1886,  Maud  Baker  was  suspended  for  repeated  viola- 
tion of  a  rule  of  the  board,  known  as  rule  five,  which  reads  as  follows:  ''Any 
scholar  who  shall  be  absent  five  half-days  in  four  consecutive  weeks,  without  any 
excuse  from  parent  or  guardian  satisfactory  to  the  teacher  that  the  absence  was 
caused  by  said  pupil's  sickness,  or  by  sickness  in  the  family,  or,  in  the  primary 
grades,  by  severity  of  the  weather,  shall  forthwith  be  suspended.  No  pupil  so 
suspended  shall  be  reinstated  without  a  permit  from  the  principal." 

Rule  twelve  provides  that  the  principal  of  the  school  may  suspend  pupils  tem- 
porarily, and  that  he  shall  immediately  notify  the  parent  or  guardian  of  a  sus- 
pended child  of  such  suspension,  the  notice  to  be  in  writing,  and  furthermore, 
that  he  shall  immediately  inform  the  board  of  his  action . 

Maud  Baker  was  absent  without  excuse,  and  when  called  to  account  for  her 
absence  stated  that  she  had  gone  on  a  fishing  excursion ,  and  expected  to  go  the 
week  following.  Having  failed  to  render  a  satisfactory  excuse,  she  was  suspended, 
as  above  stated .  Notice  in  writing  was  sent  to  parent,  as  required  by  rule  five, 
and  the  board  informed  of  the  suspension.  The  board  approved  the  action  of  the 
principal.  J.  B.  B.  Baker  appealed  to  the  county  superintendent,  who  reversed 
the  action  of  the  board .     D.  W.  Reed  appeals. 

The  facts  in  this  case  are  not  controverted .  It  appears  in  evidence  that  the 
suspension  of  Maud  Baker  was  reported  to  the  board,  and  that  a  special  meeting 
of  the  board  was  held  for  the  consideration  of  the  act  of  the  principal.  Maud 
Baker  was  present  at  this  meeting  of  the  board,  and  the  president  testifies  that  he 
read  to  her  the  rule  under  which  she  had  been  suspended,  and  asked  her  to  give 
the  board  some  promise  of  amend oient  in  the  future,  as  a  condition  of  reinstate- 
ment and  she  replied  that  she  would  not  make  any  promise  for  the  future,  and 
expected  to  go  fishing  the  following  week. 

The  county  superintendent  finds  that  the  suspensioa  was  made  in  compliance 
with  the  rules  of  the  board  for  the  government  and  regulation  of  the  schools,  and 
that  the  act  of  the  principal  in  suspending,  and  of  the  board  in  approving  his 
action,  was  without  prejudice  or  malice.  The  board  was  reversed  on  the  ground 
that  the  law  does  not  confer  upon  the  principal,  or  the  board,  power  to  suspend 
for  the  cause  for  which  Maud  Baker  was  suspended. 

The  case  turns,  therefore,  upon  the  power  of  the  board  to  establiih  and  enforce 
a  rule  providing  for  the  suspension  of  pupils,  who  are  absent  a  given  number  of 
days,  or  half -days,  without  a  satisfactory  excuse.  The  point  has  been  fully  dis- 
cussed and  settled  by  our  supreme  court  in  the  case  of  Burdick  v.  Babcock,  31 
Iowa,  562,  and  need  not  be  considered  here.  Murphy  v.  Independent  District  of 
Marengo  has  been  cited,  but  does  not  apply,  as  in  that  case  it  is  stated  that  the 
ofifense  for  which  the  pupil  was  dismissed  was  not  in  violation  of  any  rule  or 
regulation . 

♦NOTB— Our  supreme  court  rendered  a  decision  regarding  the  measure  of  damages  resulting  from 
th«  wrongful  discharge  of  this  teacher.     The  opinion  is  found  in  65  Iowa,  209. 


SCHOOL    LAW    DECISIONS.  33 

We  are  compelled  to  overrule  the  decision  of  the  county  superintendent,  and 
to  sustain  the  action  of  the  board.  Reversed. 

J.  W.  AKERS, 
October  23,  1886.  Superintendent  of  Public  Instruction. 


N.  R.  Johnston  v.  District  Township  of  Utica. 
Appeal  from  Chickasaw  County . 

Mandamus.     To  compel  the  performance  of  an  official   duty,  appeal  sometimes 
consumes  valuable  time.     Mandamus  is  often  a  more  speedy  and  better  remedy. 

Discretionary  Acts.     Action  by  the  board  unduly  delaying  the  final  consider- 
ation of  an  important  matter,  may  be  regarded  as  an  evidence  of  prejudice. 

The  issues  involved  in  this  case  were  the  formation  of  a  new  subdistrict  to  be 
known  as  number  twelve,  and  the  providing  for  a  school  during  the  winter  of 
1887-8,  pending  the  election  of  subdirector  for  the  new  subdistrict.  The  case  came 
in  due  order  to  the  county  superintendent  on  appeal,  and  from  his  decision  the 
board  appeals. 

At  its  meeting  on  the  nineteenth  of  September,  1887,  the  board  had  before  it  a 
petition  signed  by  Caleb  Boylan  and  others,  to  redistrict  number  two,  and  to  form  a 
new  subdistrict.  After  various  motions  it  was  voted  to  adjourn  to  the  second  Sat- 
urday in  February,  1888,  to  consider  said  petition.  Appeal  was  taken  to  the 
county  superintendent. 

At  the  trial  before  that  officer,  October  27,  1887,  and  adjourned  to  October  31st, 
a  motion  was  made  to  dismiss  the  case,  on  the  ground  that  the  matter  was  still 
pending  before  the  board,  as  no  final  action  had  been  taken  by  that  body.  The 
motion  to  dismiss  was  overruled,  and  the  county  superintendent  proceeded  to  hear 
the  case.     Did  the  county  superintendent  commit  an  error?     We  think  not. 

Without  impugning  in  any  way  the  motives  of  the  board,  its  action  in  adjourn- 
ing to  a  date  as  late  as  the  second  Saturday  of  February,  was  calculated  to  delay 
and  defeat  the  prayer  of  petitioners.  The  aggrieved  parties  had  an  undoubted 
right  to  appeal,  but  we  regret  that  they  did  not  avail  themselves  of  the  more 
speedy  remedy  of  resorting  to  the  courts.  A  writ  of  mandamus  would  undoubt- 
edly issue  in  such  a  case,  compelling  the  board  to  perform  its  enjoined  duty. 

A  motion  to  dismiss  on  the  ground  that  there  was  no  evidence  to  show  that  the 
board  acted  with  passion,  prejudice,  or  injustice,  was  also  very  properly  overruled 
The  action  of  the  board   delaying  the  whole  matter  until  the  second  Saturday  of 
February,  1888,  was  in  our  opinion  an  act  of  manifest  injustice,  which  the  super- 
intendent very  properly  took  into  account  in  making  his  decision. 

The  county  superintendent  reversed  the  action  of  the  township  board  and 
ordered  the  new  subdistrict,  number  twelve,  to  be  formed,  with  an  extra  school 
for  the  winter  of  1887-8,  in  accordance  with  the  prayer  of  the  petitioners.  Ought 
his  decision  to  be  sustained? 

A  careful  review  of  the  evidence  in  the  case,  including  the  plat  *  'exhibit  A," 
shows  that  the  township  of  Utica  is  divided  into  eleven  subdistricts,  some  of  them 
very  large  and  irregular  in  shape.  A  better  division  than  that  proposed  by  the 
formation  of  the  new  subdistrict,  number  twelve,  can  possibly  be  made.  The 
county  superintendent,  however,  provides  for  this,  as  his  decision  does  not  prevent 
any  changing  of  the  boundaries  of  subdistrict  lines,  if  necessary  to  facilitate  the 
school  privileges  of  the  township. 

A  new  subdistrict  is  needed  to  furnish    reasonable  school  facilities  for  the  chii- 


34  SCHOOL   LA.W    DECISIONS. 

dren  in  that  neighborhood,  and  so  far  as  ordering  the  new  subdistrict,  to  be  known 
as  number  twelve,  is  concerned,  the  decision  of  the  county  superintendent  is 

Affirmed. 
HENRY  SABIN, 
March  IS,  1888.  Superintendent  of  Public  Instruction. 


Jacob  Deck  et  al.  v.  District  Township  of  Eden. 

Appeal  from  Decatur  County. 

Subdistrict  Boundaries.  A  case  involving  a  changa  of  subdistrict  boundaries, 
having  been  adjudicated  by  the  county  superintendent  reversing  the  action  of  the 
board,  and  being  affirmed  by  the  superintendent  of  public  instruction,  cannot 
again  be  brought  upon  appeal,  unless  it  can  be  shown  that  some  change  materially 
affecting  the  conditions  of  the  case  has  taken  place  since  the  date  of  the  former 
decision. 

Subdistrict  Boundaries.  In  changing  subdistrict  boundaries,  both  the  present 
and  the  future  welfare  of  the  district  township  should  be  considered. 

Subdistrict  Boundaries  A  subdistrict  long  established,  embracing  a  territory 
having  a  sufficient  number  of  scholars  to  maintain  a  good  school,  should  not  be 
abolished,  unless  the  general  school  facilities  of  the  township  will  be  improved 
thereby. 

On  the  nineteenth  day  of  September,  1887,  the  board  voted  to  abolish  subdistrict 
number  eight.  Jacob  Deck  and  others  appealed  to  the  county  superintendent,  who 
on  the  fifth  day  of  December  rendered  a  decision  reversing  the  action  of  the  town- 
ship board,  and  the  board  appeals 

The  council  for  the  directors  urged  in  their  written  argument  that  the  county 
superintendent  should  be  required  to  send  up  to  this  department  all  the  testimony 
taken  in  the  trial  before  her.  It  was  certainly  the  duty  of  the  county  superintendent 
to  send  up  all  the  testimony  upon  which  she  based  her  decision.  In  the  absence  of 
any  proof  to  the  contrary,  the  presumption  is  that  the  transcript  furnished  by  her 
contains  all  the  testimony  on  file  in  her  office.  There  is  no  proof  offered  that  she 
has  not  complied  with  the  law  in  all  respects 

On  the  twenty-sixth  day  of  December,  1885,  the  county  superintendent  rendered 
a  decision  reversing  the  action  of  the  board  in  abolishing  subdistrict  number  eight. 
As  no  material  changes  have  taken  place  since  then,  in  the  condition  of  the  town- 
ship, does  that  former  decision  act  as  a  bar  to  any  further  proceedings  in  this  case? 
We  think  not. 

The  principle  enunciated  here  is  undoubtedly  correct  A  case  involving  a 
change  of  subdistrict  boundaries,  having  been  adjudicated  by  the  county  superin- 
tendent reversing  the  action  of  the  board,  and  being  affirmed  by  the  superintendent 
of  public  instruction,  cannot  again  be  brought  upon  appeal,  unless  it  can  be  shown 
that  some  change  materially  affecting  the  conditions  of  the  case  has  taken  place 
since  the  date  of  the  former  decision.  In  this  case,  however,  the  decision  of  the 
county  superintendent  cannot  act  as  a  bar  to  further  proceedings,  because  the 
district  board  did  not  take  an  appeal.  Such  proceedings  cannot  be  considered  as 
final  in  such  a  sense  until  they  have  been  affirmed  by  the  superintendent  of  public 
instruction. 

It  is  urged  that  the  county  superintendent  erred  in  taking  into  consideration  the 
distance  which  many  of  the  pupils  must  travel  in  order  to  reach  their  school,  if 
the  action  of  the  township  board,  abolishing  subdistrict  number  eight,  is  affirmed. 
The  law  does  not  contemplate  that  one  and  one- half  miles  is  in  all  cases  an  unrea- 
sonable distance.  It  depends  largely  upon  the  age  of  the  pupil  and  upon  the 
condition  of  the  roads.  In  the  case  before  us  a  natural  obstacle,  the  Little  Turkey 
river,  must  be  taken  into  consideration.  The  opening  of  additional  roads  and  the 
construction  of  a  bridge  would  simplify  matters  somewhat,  but  no  steps  have  been 


SCHOOL  LAW  DECISIONS.  3c 

taken  to  accomplish  this.  Until  this  is  done,  to  abolish  the  school  in  number  eight 
would  impose  an  undue  hardship  upon  a  large  number  of  pupils. 

What  are  the  conditions  of  the  school  as  at  present  constituted?  The  report  of 
the  secrstary  put  in  evidence,  shows  that  the  school  in  number  eight  will  average 
with  other  subdistricts  in  the  number  of  pupils  enrolled;  it  is  above  the  average  in 
daily  attendance,  and  below  the  average  in  cost  of  tuition.  The  board  fails  to 
show  that  reduced  numbers  render  it  expedient  to  abolish  this  subdistrict,  n^r 
does  it  show  that  the  township  is  excessively  taxed  to  support  its  schools. 

This  department  has  already  ruled  that. subdistrict  lines,  which  have  been  long 
established,  embracing  a  territory  having  a  sufficient  number  of  pupils  to  main- 
tain a  good  school,  should  not  be  disturbed,  unless  it  can  be  proved  that  the  gen- 
eral school  facilities  of  the  township  will  be  improved  by  the  change. 

The  board  does  not  show  that  there  is  any  general  benefit  to  be  expected  from 
the  proposed  change  of  boundaries,  nor  does  it  prove  that  any  existing  necessity 
makes  it  desirable.  The  board  undoubtedly  intended  to  act  fairly  toward  all,, 
but  we  think  it  failed  to  properly  consider  all  the  circumstances  involved  in  its- 
action.     The  decision  of  the  county  superintendent  is  therefore  Affirmed. 

HENRY   SABIN, 

March  16,  1888.  Superintendent  of  Public  Instruction, 


J.  S.  FoLSOM  et  al.  v.  District  Township  of  Center. 
Appeal  from  Cedar  County. 
Rehearing.     To  warrant  a  rehearing,  some  valid  reason  must  be  urged. 

Testimony.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testimony 
to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant  testimony  is- 
occasionally  admitted. 

SCHOOLHOUSE  SiTE.  Every  dwelling-house  must  be  taken  into  account,  as  some- 
one entitled  to  school  advantages  may  hereafter  reside  there. 

ScHooLHOUSE  SiTE.  When  it  is  the  evident  intention  of  the  board  to  relocate  the 
site  as  near  as  possible  in  the  center  of  the  subdistrict ,  in  order  to  furnish  equal 
school  facilities  to  all  the  residents,  its  action  should  not  be  materially  interfered 
with . 

The  transcript  in  this  ca^e  shows  <-hat  on  the  twenty-first  day  of  March,  1887,  at  a 
meeting  of  the  board,  a  committee  was  appointed  to  investigate  the  needs  of  sub- 
district  number  two  and  report  at  the  meeting  in  September.  It  further  shows- 
that  on  the  nineteenth  day  of  September,  1887,  such  committee  reported,  recommend- 
ing that  the  new  house  be  built  for  said  subdistrict,  to  be  located  in  the  center  of 
the  district.  The  report  was  received  and  the  committee  discharged.  The 
report  was  also  upon  motion,  laid  upon  the  table. 

On  the  nineteenth  day  of  March,  1888,  at  a  meeting  of  the  directors,  the  above 
report  was  finally  adopted  and  a  building  committee  was  appointed  to  confer  with  the 
county  superintendent  in  regard  to  plans  and  specifications.  From  this  decision 
of  the  board  Folsom  et  al.  appealed  to  the  county  superintendent,  and  the  case 
was  heard  at  Tipton  on  the  ninth  day  of  April,  1888.  The  records  in  the  county 
superintendent's  office  show  that  the  appellee  consented  to  the  filing  of  an  amend- 
ment to  the  affidavit  by  appellant,  and  that  the  appellee  filed  a  motion  to  modify 
the  decision  of  the  board,  and  the  trial  then  proceeded.  On  the  eleventh  day  of 
April  the  county  superintendent  filed  a  decision  reversing  the  action  of  the  board . 
On  the  seventeenth  day  of  April,  1888,  amotion  was  filed  ior  a  rehearing,  within  the 
time  given  by  the  county  superintendent .  On  the  nineteenth  day  of  April,  1888,  the 
motion  for  a  rehearing  was  argued  before  the  county  superintendent  and  overruled . 
From  the  decision  of  the  county  superintendent  the  board  appealed  to   the  super- 


3l)  SCHOOL   LAW   DECISIONS. 

intendent  of  publ  c  instruct'on,  and  the  whole  case  came  up  oa  a  hearing  before 
him  on  the  tifth  day  of  June,  1888. 

The  first  question  to  be  decided  is:  Did  the  coun!:)-  superintendent  err  in  over- 
ruling the  motion  for  a  rehearing?  A  rehearing  of  such  a  case  can  be  granted 
only  when  it  can  be  shown  that  some  iojustice  has  been  done,  or  some  mistake 
has  been  made  which  can  be  corrected  by  a  new  trial;  or  when  some  additional 
evidence  has  been  discovered  which  is  in  favor  of  the  party  applying,  but  which 
c  )uld  not  have  been  presented  before  by  reasonable  diligence.  The  affidavit  upon 
which  the  motion  for  a  rehearing  was  based  failed  to  show  any  such  reasons.  All 
the  main  points  alleged  therein  had  already  been  ruled  upon  by  the  county  super- 
intendent, and  we  think  she  did  not  commit  any  error  in  overruling  the  motion. 
This  also  disposes  of  all  the  testimony  sent  up  in  support  of  the  motion  for  a 
rehearing;    these  afl&davits  will  not  be  taken  into  account  in  the  final  decision. 

It  is  not  necessary  here  to  determine  the  legal  residence  of  William  Busier. 
His  own  testimony  is  that  the  distance  from  his  residence  to  the  site  selected  by 
the  board  is  one  and  one- fourth  miles.  The  fact  that  Mrs.  Morgan  does  not  desire 
to  send  to  school  is  not  material.  It  is  not  the  individual  but  the  residence  that  is 
to  be  considered.  Some  other  person  living  at  the  same  place  may  hereafter  desire 
school  privileges. 

We  are  now  free  to  approach  the  main  question  upon  which  issue  is  joined. 
The  testimony  shows  that  the  directors  desired  to  relocate  the  schoolhouse  in  sub- 
district  number  two  in  a  more  central  location;  no  other  reason  is  assigned 
for  the  contemplated  removal.  There  is  nothing  to  show  that  the  present  site  is 
unsuitable,  except  that  it  does  not  well  accommodate  the  pupils  from  the  northern 
part  of  the  district.  In  this  determination  to  relocate  the  site  near  the  center, 
there  is  no  evidence  of  any  abuse  of  discretion  on  the  part  of  the  board  and  we 
think  its  action  should  not  be  interfered  with. 

There  is,  however,  evidence  which  shows  that  the  exact  acre  which  the  com- 
mittee staked  out  is  not  a  desirable  site  for  a  building.  The  board  itself  acknowl- 
edges this  in  its  amended  order  by  which  the  site  is  removed  ten  rods  north. 

The  county  superintendent,  in  her  decision,  locates  the  site  upon  a  piece  of 
ground  known  as  the  * 'grave-yard  site."  It  is  urged  that  the  county  superinten- 
dent has  only  appellate  jurisdiction,  and  must  therefore  confine  her  decision  to 
the  two  sites  upon  which  the  parties  joined  issue.  She  seems  to  have  entertained 
some  such  idea,  as  she  sustained  a  motion  to  rule  out  all  testimony  in  regard  to 
the  unsuitableness  of  the  grave-yard  site  when  such  evidence  was  offered  in  the 
original  trial.     We  think  that  such  evidence  should  have  been  admitted. 

In  April,  1866,  the  Hon.  O.  Faville,  then  superintendent  of  public  instruction, 
obtained  this  opinion  from  Hon.  F.  E.  Bissell,  then  attorney-general:  "The  case 
does  not  come  before  him  (the  county  superintendent)  merely  to  correct  an  error 
of  the  board  of  directors,  but  to  hear  and  decide  the  same  matter  that  the  board 
had  decided.  The  county  superintendent  is  not  limited  to  an  affirmance  or 
reversal  of  the  action  of  the  board,  but  he  determines  the  same  question  that  the 
board  determined."  See  also  John  Clark  v.  District  Township  of  Wayne ^  page 
47,  School  Law  Decisions  of  1876. 

To  this  opinion  the  decisions  of  this  department  have  always  conformed.  The 
county  superintendent  therefore  did  not  go  beyond  her  jurisdiction  in  selecting  a 
site  different  from  any  which  had  been  considered  by  the  board. 

We  cannot  see,  however,  that  the  grave-yard  site  has  any  advantage  over  the 
old  site.  It  is  irregular  in  shape,  and  is  about  as  far  north  of  the  center  of  the 
subdistrict  as  the  present  site  is  south.  In  fact,  its  selection  as  a  site  for  the  new 
building  defeats  the  very  end  which  the  board  had  in  view  in  its  acti/?^  locating 
the  site  in  the  center  of  the  subdistrict. 

The  case  is  remanded  to  the  board    with  instructions  not  to  build  upou  tD«*  cJ-^o 


SCHOOL   LAW  DECISIONS.  37 

selected  by  the  committee,  but  to  select  the  best  site  possible  within  a  distance  not 
more  than  forty  rods  from  the  center  of  the  site  staked  out  by  the  committee;  thd 
south  corner  of  said  site,  however,  to  be  at  least  fifteen  rods  north  of  the  south 
corner  of  the  committee's  site;  said  site  also  to  contain  not  less  than  an  acre,  and 
to  be  as  nearly  square  in  form  as  the  circumstances  will  admit.  The  decision  of 
the  county  superintendent  is  Reversed. 

HENRY    SABIN, 
June  7,  1S88.  -  Superintendent  of  Public  Instruction. 


P.  O'Connor,  Jr.,  v.  District  Township  of  Badger. 
Appeal  from   Webster  County. 

Jurisdiction.  In  most  matters  with  which  boards  have  to  do  under  the  law, 
their  authority  and  responsibility  are  absolute,  and  their  jurisdiction  is  complete 
and  exclusive. 

Jurisdiction.  A  former  order  of  the  board,  or  a  decision  of  the  county  superin- 
tendent on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  its  discre- 
tion anew,  when  good  reasons  exist  for  such  action. 

Rehearing.     To  obtain  a  rehearing  the  necessity  must  be  clearly  shown. 

DrscRETiONARY  AcTS .  In  the  exercise  of  discretion,  the  benefit  of  every  rea- 
sonable doubt  must  be  given  in  favor  of  the  correctness  of  offical  acts. 

Appeal.  The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  techni- 
cal forms  and  customs  which  prevail  in  the  courts. 

At  a  special  meeting  of  the  board  held  February  10,  1858,  it  was  voted  to  remove 
the  schoolhouse  in  subdistrict  number  seven,  forty  rods  north  from  its  present  site. 
P.  O'Connor,  Jr.,  appealed  to  the  county  superintendent,  who  heard  the  case  on 
the  twenty-third  day  of  April  and  affirmed  the  action  of  the  board.  P.  O'Connor, 
Jr.  ,  appeals. 

The  proceedings  in  this  case  are  regular  and  the  facts  admitted  by  both  parties. 
The  only  point  in  dispute  is  this:  On  the  tenth  day  of  November,  1887,  the  county 
superintendent  heard  the  same  case  and  rendered  his  decision  reversing  the  action 
of  the  board.  As  the  board  did  not  see  fit  to  appeal,  and  as  no  material  changes 
have  taken  place  in  the  subdistrict,  it  is  claimed  that  the  decision  of  the  county 
superintend-ent  rendered  November  10,  1887,  must  be  considered  as  final,  and  that 
no  further  proceedings  can  be  had  in  the  case.  If  this  allegation  is  true  then  the 
county  superintendent  committed  error  in  not  dismissing  the  case. 

Let  us  examine  it  a  moment,  that  we  may  arrive  at  the  intent  of  the  law.  It  is 
plain  that  the  law  reposes  great  confidence  in  the  discretionary  acts  of  a  board  of 
■directors.  The  instructions  from  the  department  of  public  instruction  to  county 
superintendents  have  always  been  that  such  discretionary  acts  are  to  be  affirmed 
unless  it  can  be  very  clearly  shown  that  the  board  has  in  some  way  abused  its 
powers;  if  there  is  a  doubt  even,  the  board  is  to  have  the  benefit  of  it.  It  has 
become  a  welle.'tablishud  principle  that  the  conduct  of  the  schools  and  the  location 
of  schoolhouses  should  be  left  with  those  officers  who  have  the  closest  relation  to 
the  pgople  for  whose  benefit  the  schools  are  maintained.  With  this  principle  this 
department  is  not  willing  to  interfere. 

Is  it  right,  then,  that  in  this  present  case  because  the  county  superintendent 
reversed  the  board  in  November,  1887,  it  should  be  left  without  further  remedy? 
We  think  not.  After  its  former  action  was  reversed,  the  board  had  its  choice  of 
three  courses  of  action;  it  was  bound  to  take  the  one  which  it  believed  to  be  for  the 
best  interests  of  the  subdistrict. 

It  could  ask  for  a  rehearing,  but  to  obtain  that  it  must  be  able  to  show  that 
some  very  grave  mistake  had  been  made,  or  that  it  had  discovered  some  additional 


38  SCHOOL   LAW   DECISIONS. 

evidence   which    could   not   have    been    presented    before   by    using   reasonable 
diligence. 

It  could  appe  il  to  the  superintendent  of  public  instruction,  but  in  that  event  it 
must  base  its  case  wholly  upon  the  evidence  as  presented  before  the  county  super- 
intendent, as  this  department  has  no  right  to  hear  additional  testimony. 

It  could  begin  the  case  de  novo,  amend  its  record  if  it  was  faulty,  supply  omis- 
sions, introduce  new  testimony,  and  perfect  its  proceedings  in  such  waj^s  as  to  obtain 
if  possible  a  different  decision  from  the  county  superintendent,  or  so  as  to  make  a 
stronger  case  before  the  superintendent  of  public  instruction  if  either  party  found 
it  neces-ary  to  appeal  to  him. 

In  this  case  the  board  chose  the  last  remedy,  and  we  think  it  was  wise  in  do=ng 
so,  as  the  most  ready  manner  of  obtaining  a  final  adjudication  of  the  whole  matter. 

After  careful  study  of  the  authorities  cited  by  counsel,  we  can  only  reach  this 
conclusion.  If  the  aggrieved  party  fails  to  appeal  within  the  thirty  days  aNowed 
by  the  law,  the  decision  of  the  county  superintendent  becomes  final  as  far  as  that 
particular  case  is  concerned;  but  we  find  nothing  in  the  law  to  warrant  the  con- 
clusion that  a  reversal  by  the  county  superintendent  acts  as  a  bar  to  any  further 
proceedings  because  the  district  board  did  not  then  and  there  take  an  appeal  to 
the  superintendent  of  public  instruction.  Such  a  conclusion  would  defeat  the 
ends  aimed  at  by  the  law  in  placing  the  management  of  the  schools  in  the  hands 
of  the  school  officers  as  chosen  by  the  people.  The  county  superintendent  and 
the  superintendent  of  public  instruction,  in  hearing  these  appeal  cases  have  the 
jurisdiction,  somewhat,  of  a  court  of  equity  and  are  not  bound  by  a  rigid  adher- 
ence to  the  technical  forms  and  customs  which  prevail  in  the  courts  of  justice. 

In  reaching  this  conclusion  we  are  supported  by  the  case  of  Morgan  v.  Wilfley 
et  al.,  70  Iowa,  338.  "The  power  to  redistrict  and  change  subdistricts  is  conferred 
upon  the  board  by  the  statute,  and  action  in  that  direction,  for  sufficient  cause, 
cannot  be  considered  as  unauthorized."  The  power  to  change  or  fix  the  school- 
house  site  is  conferred  in  the  same  manner.  Further:  "The  board  of  directors 
cannot  be  so  fettered  by  its  prior  action,  or  by  legal  proceedings  that  it  may  not, 
at  any  time,  for  sufficient  cause,  redistrict  the  township,  as  in  its  best  judgment 
may  be  demanded  by  the  interest  of  all  the  children  of  the  district."  The  prin- 
ciple here  enunciated  is  so  broad  that  it  applies  to  all  the  actions  of  the  board, 
and  it  is  not  necessary  to  dwell  upon  it. 

In  regard  to  the  merits  of  this  case,  there  is  nothing  to  be  said.  There  is  no 
evidence  to  show  that  the  board  abusel  its  authority,  and  consequently  no  reason 
for  setting  its  order  aside.     The  decision  of  the  superintendent  is  Affirmed, 

HENRY  SABIN, 

July  9,  1888.  Superintendent  of  Public  Instruction. 


Samuel  Walkbr  v.  J.  S.  Crawford,  County  Superintendent. 

Appeal  from  Cass  County. 

Certificate.  The  county  superintendent  is  his  own  judge  as  to  how  fully  he  will 
give  the  applicant  reasons  for  the  refusal  of  a  certificate. 

Certificate.  The  county  superintendent  is  charged  with  the  responsibility  of 
refusing  to  issue  a  certificate  to  any  person  unless  fully  satisfied  that  the  applicant 
possesses  the  essential  qualifications  demanded  of  teachers  by  the  law. 

Discretionary  Acts  .  Unless  a  marked  violation  of  the  large  discretion  vested 
in  the  county  superintendent  is  proved  clearly  and  conclusively,  his  action  in 
refusing  or  revoking  a  certificate  will  not  be  interfered  with  on  appeal. 

Certificate.  The  decision  of  a  county  superintendent  refusing  a  certificate  will 
not  be  interfered  with  on  appeal  unless  it  appears  that  he  acted  from  passion  or 
prejudice. 


SCHOOL  LAW   DECISIONS.  39 

This  case  arises  from  the  refusal  of  J.  S.  Crawford,  county  superintendent 
of  Cass  county,  to  grant  a  certificate  to  Samuel  Walker  to  teach  in  the  schools  of 
said  county.  Thecase  was  reheard  on  the  first  day  of  December,  1888,  by  way  of 
appeal,  the  superintendent  affirming  his  former  decision.  Samuel  Walker 
appeals. 

Section  1766  requires  the  county  superintendent  to  examine  each  candidate 
desiring  to  teach  in  the  public  schools  of  the  county,  in  certain  branches  enumer- 
ated therein,  with  special  reference  to  his  competency  and  ability  to  teach  the 
same.  But  section  1767  still  further  directs  that  the  county  superintendent  must 
satisfy  himself  that  the  applicant  possesses  a  good  moral  character  and  the 
essential  qualifications  for  governing  and  instructing  children  and  youth.  Here 
then,  are  three  distinct  qualifications  to  be  investigated  and  determined  by  the 
county  superintendent  before  he  issues  the  certificate.  My  predecessor  very 
pointedly  says  in  a  written  opinion  on  file  in  this  office:  ' '  Under  the  law  the 
county  superintendent  must  be  satisfied  that  you  (the  candidate)  possess  all  the 
qualifications  enumerated  by  law." 

In  this  case  it  is  not  claimed  that  the  appellant  is  deficient  in  the  branches 
usually  taught  in  the  public  schools.  Neither  is  it  charged  that  he  does  not  possess 
a  good  moral  character.  The  only  point  in  question  is  his  ability  to  instruct  and 
govern  children  and  youth.  We  confess  that  this  is  an  exceedingly  difficult  point 
to  determine  in  many  cases.  The  surest  way  undoubtedly  is  to  visit  and  inspect 
the  school,  but  we  think  the  county  superintendent  took  the  next  best  way  when 
he  drew  the  candidate  into  a  conversation  and  allowed  him  to  express  himself 
freely  and  without  reserve.  Certain  traits  of  character  most  essential  to  a  teacher 
cannot  be  ascertained  by  a  written  examination  alone. 

At  the  time  of  the  trial  on  appeal  the  county  superintendent  was  placed  on  the 
stand  as  a  witness  for  the  appellant.  In  the  course  of  his  testimony  he  made  this 
statement:  "I  refused  Mr.  Walker  a  certificate  because  I  thought,  and  still  think, 
Mr.  Walker  did  not  have  judgment,  a  well  balanced  mind,  and  common  sense,  to 
teach  a  good  school."  It  is  not  the  duty  of  the  superintendent  of  public  instruc- 
tion to  try  this  case  de  novo  in  order  to  determine  the  correctness  of  this  conclusion. 
We  are  not  called  upon  to  pass  upon  the  fitness  or  unfitness  of  Mr.  Walker  to  teach 
in  the  schools  of  Cass  county. 

Did  the  county  superintendent  err,  in  that  he  was  actuated  by  wrong  motives? 
If  through  passion  or  prejudice  he  refused  Mr.  Walker  a  certificate  he  did  him  an 
injustice,  and  his  decision  should  be  reversed.  The  existence  of  such  a  ruling 
motive  would  show  itself  somewhere  in  the  evidence.  We  have  read  the  transcript 
several  times  with  care,  and  we  fail  to  find  any  disagreement  existing  between  th© 
parties  previous  to,  or  at  the  time  the  appellant  was  first  examined,  or  that  Mr. 
Crawford  has  spoken  unkindly  of  Mr.  Walker  or  shown  a  disposition  to  injure  him 
in  any  way.  It  was  competent  for  the  appellant  to  show  clearly  at  the  trial  that 
the  county  superintendent  was  prejudiced  against  him  to  such  an  extent  as  not  to 
do  him  justice;  this  he  has  failed  to  do  by  any  reliable  testimony.  The  weight  of 
the  testimony  is  to  the  effect  that  the  county  superintendent  was  endeavoring  to  do 
his  duty  as  a  school  officer  and  in  this  the  superintendent  of  public  instruction 
must  sustain  him. 

The  counsel  for  the  appellant  claims  that  the  county  superintendent  erred  in 
not  informing  the  applicant  upon  what  grounds  he  refused  him  a  certificate.  The 
testimony  of  Mr.  Frost,  from  his  long  experience  in  the  office  of  county  super- 
intendent, has  great  weight.  We  agree  with  him  that  it  is  usually  better  to  inform 
the  applicant  frankly  and  fully  why  the  certificate  is  refused,  but  cases  may  arise 
in  which  it  is  as  well  not  to  do  this.  The  law  is  silent  upon  this  point,  the  county 
superintendent  must  be  his  own  judge  of  what  it  is  best  to  do.  We  do  not  think 
the  refusal  in  this  case  is  an  error  on  the  part  of  the  county  superintendent. 


40  .  SCHOOL   LAW   DECISIONS. 

It  is  also  alleged  on  the  part  of  the  appellant  that  '  'the  county  superintendent 
made  a  wrongtul  decision  upon  the  facts  in  the  case,"  The  appellant  introduced 
evidence  to  show  that  he  had  taught  a  fairly  successful  school,  and  that  he  was  in 
good  repute  as  a  teacher  in  his  own  neighborhood.  All  this  was  pert  nent  to  the 
question  at  issue,  but  if  the  conversation  and  actions  of  the  appellant  made  such 
an  impression  upon  the  mind  of  the  county  superintendent  at  the  time  of  examina- 
tion that  this  evidence  even  could  not  overcome  it,  the  county  superintendent  could 
not  consistently  do  otherwise  than  as  he  did. 

The  discretion  vested  in  the  county  superintendent  by  the  law  is  very  large,  and 
for  this  purpose,  that  he  may  guard  the  public  schools  against  the  intrusion  of 
persons  unworthy  or  unfit  for  the  office  of  teacher.  The  department  of  public 
instruction  cannot  release  him  from  his  responsibility,  nor  can  it  interfere  with  his 
discretionary  acts  except  upon  the  clearest  and  most  convincing  proofs  of  violation 
of  law,  or  of  the  influence  of  passion  or  prejudice  in  the  performance  of  his  official 
duty. 

The  appellee,  on  the  other  hand,  seems  to  argue  that  the  action  of  the  county 
superintendent,  in  refusing  to  grant  a  certificate,  cannot  be  interfered  with  by 
the  superintendent  of  public  instruction.  In  1867,  Hon.  D,  Franklin  Wells,  then 
superintendent  of  public  instruction,  obtained  an  opinion  from  the  attorney-gen- 
eral of  the  state,  Hon.  F.  E.  Bissell,  upon  this  point.  The  following  extract  from 
that  opinion  is  answer  to  each  of  the  cliims  just  considered:  "Chapter  52,  laws 
of  the  tenth  general  assembly,  provides  that  the  superintendent  of  public  instruc- 
tion shall  be  charged  with  the  supervision  of  all  the  county  superintendents,  and 
shall  determine  all  cases  appealed  from  the  decision  of  the  county  superintendent. 
I  hold  that  under  the  above  prov  sions,  the  right  of  appeal  is  clearly  inferable, 
if  not  directly  given  to  any  one  aggrieved  by  the  refusal  of  the  county  superin- 
tendent to  give  a  certificate,  or  by  the  revocation  of  a  certificate.  The  power 
should,  however,  be  very  cautiously  exercised  and  the  decision  of  the  county 
superintendent  should  not  be  interfered  with  except  in  case  of  a  clear  violation 
of  duty,  or  when  the  act  was  the  clear  result  of  passion  or  prejudice." 

After  a  careful  review  of  the  testimony  and  the  able  arguments  submitted  to 
us,  we  do  not  find  sufficient  reason  for  reversing  the  decision  made  heretofore. 

Affirmed. 
HENRY  SARIN, 

February  4,  1839.  Superintendent  of  Public  Instruction. 


G    W.  Dayis  et  al.  v.  District  Township  of  Linn. 

Appeal  from  Linn  County. 

Appeat..    Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  superin- 
tendent, where  concurrence  is  provided  for. 

Tuition.     To  enable  the  districts  in  which  the  children  reside  to  collect  tuition, 
all  the  requirements  of  the  law  must  first  be  fulfilled. 

At  its  regular  meeting  on  the  eighteenth  of  March,  1889,  the  board  passed  a 
resolution  excluding  from  the  privileges  of  the  school,  in  subdistrict  number  sevsn, 
children  from  the  independent  district  of  Laurel  Hill,  in  Jones  county,  who  had 
from  time  to  time  for  many  years,  been  allowed  to  attend  the  school  in  said  sub- 
district  number  seven.  On  the  thirteenth  of  April  the  board  considered  a  petition 
of  parties  in  the  adjoining  district  of  Laurel  Hill  desiring  to  send  to  the  school  in 
Linn  township,  and  passed  an  order  refusing  to  admit  their  scholars.  From  this 
action,  G.  W.  Davis  and  others  appealed  to  the  county  superintendent  who  heard 
the  case  on  the  ninth  of  May,  affirming  the  order  of  the  board.  From,  his 
decision  G.  W.  Davis  appeals. 


SCHOOL   LAW    DECISIONS. 


41 


The  attendance  ©f  scholars  living  in  an  adjoining  district  is  governed  by 
section  1793.  By  the  portion  of  the  section  to  which  this  appeal  relates,  children 
may  attend  in  another  district  on  such  terms  as  may  be  agreed  upon  by  the 
respective  boards.  In  the  history  of  this  case  it  is  not  shown  that  any  action  was 
taken  by  the  board  of  Laurel  Hill  as  to  agreement  regarding  terms  of  attendance. 
The  board  of  the  district  township  of  Linn  refused  to  admit  the  scholars  in  ques- 
tion.    It  is  from  this  order,  an  initial  action,  that  appeal  was  taken. 

At  the  trial  before  the  county  superintendent  a  statement  of  facts  was  sub- 
mitted and  was  agreed  to  by  both  parties  to  the  appeal,  as  a  basis  upon  which 
the  appeal  should  be  heard.  At  this  point  the  board  by  its  attorney  filed  a 
demurrer,  urging  that  the  county  superintendent  could  not  acquire  jurisdiction; 
that  the  action  of  the  board  complained  of  was  not  subject  to  revision  upon  appeal 
and  asking  the  county  superintendent  to  dismiss  the  case  for  want  of  jurisdiction. 
The  demurrer  was  overruled ,  the  case  was  tried  on  the  agreed  statement  of  facts, 
and  the  order  of  the  board  affirmed.  Did  the  county  superintendent  err  in  over- 
ruling the  motion  to  dismiss  the  case  for  want  of  jurisdiction?     We  think  he  did. 

If  the  boards  fail  to  agree  upon  terms  of  attendance,  certain  conditions  regard- 
ing distance  from  the  respective  schools  being  fulfilled,  as  they  are  in  this  case, 
section  1793  itself  provides  the  next  step  to  be  taken.  The  county  superintendent 
of  the  county  in  which  the  children  reside  may  give  his  consent  with  that  of  the 
board  of  the  district  where  the  children  desire  to  attend,  admitting  them.  But 
from  the  refusal  of  the  board  to  admit  the  children  it  is  held  and  has  been  uni- 
formly held  in  opinions  by  this  department,  that  appeal  will  not  lie.  It  has 
always  been  conceded  to  be  the  intention  of  the  lawmakers  to  leave  with  the 
board  of  the  district  in  which  the  school  is  maintained,  the  matter  of  determining 
finally  and  conclusively,  if  it  chooses,  that  scholars  shall  not  be  admitted  under 
the  provisions  of  section  1793.  If  its  consent  is  withheld,  neither  the  courts  of 
law  nor  any  appellate  tribunal  may  set  aside  its  order  of  refusal,  and  compel  it  to 
admit  outsiders  and  accept  as  compensatioh  for  their  instruction  the  amounts 
fixed  by  section  1793.  We  have  referred  to  this  matter  at  such  length,  because 
the  counsel  for  the  appellant  urges  the  claim  that  the  case  should  be  remanded 
for  a  new  trial. 

We  are  compelled  to  find  that  there  are  but  two  methods  in  law,  by  which 
attendance  in  subdistrict  number  seven  may  be  secured  for  their  children  by 
the  appellants.  The  two  boards  may  agree  as  to  the  terms  of  attendance.  Or 
after  they  have  refused  to  agree  the  concurrent  consent  of  the  county  superin- 
tendent of  Jones  county  and  the  board  of  the  district  township  of  Linn,  will  entitle 
the  children  to  attendance  and  bind  their  home  district  for  the  expenses  of  their 
instruction  in  the  manner  provided  by  section  1793.  But  appeal  will  not  lie  to 
control  the  action  of  either  board  or  of  the  county  superintendent. 

Reversed  and  Dismissed. 
HENRY  SABIN, 

August  6,  1889.  Superintendent  of  Public  Instruction, 


ISHAM  WaTKINS  v.   INDEPENDENT   DISTRICT   OF   EMPIRE . 

Appeal  from  Marion  County. 

Appeal.  An  appeal  will  not  lie  from  an  order  of  the  board  initiating  a  change  in 
boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is  neces- 
sary to  efifect  the  change. 

Appeal.  Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurrmg 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action  first. 


42  SCHOOL  LAW   DECISIONS. 

Jurisdiction.     The  jurisdiction  of  an  appellate  tribunal  is  not  g:reater  than  that 
of  the  board  from  whose  action  the  appeal  is  taken . 

On  the  sixteenth  of  September,  1889,  the  board  of  the  independent  district  of 
Highland  determined  to  notify  Ishara  Watkins  of  Empire  district,  that  his  children 
cDuld  not  any  longer  attend  the  school  in  Highland  district.  The  records  show 
that  it  was  willing  that  he  should  be  attached  to  Highland  district.  This  was 
taken  as  an  initiatory  movement.  Isham  Watkins  petitioned  the  board  of  the 
Empire  district  to  set  oflf  the  north  half  of  northeast  quarter  of  sections  25,  75,  21, 
to  the  independent  district  of  Highland,  The  petition  was  rejected;  in  effect  the 
Empire  board  refused  to  concur.  An  appeal  was  taken  to  the  county  superin- 
tendent, who  ordered  that  the  northeast  quarter  of  northeast  quarter  of  section 
25  be  detached  from  the  independent  district  of  Empire  and  attached  to  the 
independent  district  of  Highland, 

Of  the  several  que^tioaj  invalved  in  this  case  it  is  necessary  to  discuss  only 
one.  Did  the  county  superintendent  exceed  his  jurisdiction?  The  board  of  High- 
land initiated  an  action.  The  board  of  Empire  district  must  either  concur  or  non- 
concur, and  from  its  action  an  appeal  could  be  taken.  If  it  did  not  choose  to 
accede  to  the  proposition  of  the  Highland  district,  then  action  in  that  particular 
ended  with  its  vote  to  non-concur.  If  it  had  a  different  proposition  to  make,  as  for 
instance  granting  forty  acres,  it  could  only  initiate  a  movement  to  that  effect  and 
leave  it  for  Highland  district  to  act,  and  from  the  action  of  the  latter  board  an 
appeal  could  then  be  taken. 

In  this  case  the  county  superintendent  initiates  a  new  action,  and  leaves  it  for 
Highland  district  to  act.  Now  if  this  action  is  allowed  to  stand,  any  one  aggrieved 
may  take  an  appeal  from  the  action  of  the  board  of  the  Highland  district.  He 
would  then  have  an  appeal  brought  before  the  county  superintendent  from  an 
action  which  he  himself  initiated.  It  might  be  further  argued  that  if  the  county 
superintendent  has  original  jurisdiction,  then  this  appeal  cannot  lie,  as  an  appeal 
can  be  taken  only  from  the  order  of  the  board  completing  the  action .  The  prec- 
edents established  have  been  followed  closely  by  this  department  and  we  can  see 
no  reason  for  breaking  away  from  them . 

It  is  held  that  in  cases  requiring  the  concurrent  action  of  two  boards,  the  board 
completing  the  action  can  only  concur  or  non-concur.  Any  action  involving  a  new 
proposition  initiates  a  new  case,  which  must  be  passed  upon  by  the  other  board 
concerned  in  the  matter,  and  from  which  an  appeal  can  be  taken.  It  is  further 
held  that  the  county  superintendent  upon  appeal  is  limited  to  reversing  or  affirming 
the  action  of  the  board  completing  the  action,  and  that  he  cannot  assume  original 
jarisdiction  aad  do  what  the  board  appealed  from  could  not  do. 

It  seems  apparent  that  Mr .  Watkins  has  not  reasonably  good  school  facilities 
and  we  regret  that  we  are  compelled  to  set  aside  the  decision  of  the  county  super- 
intendent. He  was  actuated  by  laudable  motives  and  was  looking  for  the  best 
interests  of  the  children  in  this  case.  We  are,  however,  forced  to  the  conclusion 
that  the  connty  superimtemdent  erred  in  assuming  orig^inal  jarisdiction. 

Rbversed  and  dismissed. 
HENRY  SABIN, 

March  18,  1890.  Superintendent  ef  Public  Instruction. 


Robert  Maxwell  v.  District  Township  of  Lincoln. 

Appeal  from  Union  County . 

Proceedings.  The  regularity  of  all  the  proceedings  will  be  presumed  upon. 
This  is  true  in  an  especial  sense  when  the  records  are  more  than  usually  complete. 
Teacher.      In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the 


SCHOOL  LAW   DEClSiO^S.  43 

interests  of  the  district  and  to  seek  the  welfare  of  the  school,  as  well  as  to  regard 
the  rights  guaranteed  to  the  teacher. 

Notice.     Appearance  at  the  trial  is  a  complete  waiver  of  notice. 

Records.      The  record  of  the  secretary  must  be  considered  as  evidence,  unless 
there  is  proof  of  fraud  or  falsehood. 

On  the  ninth  day  of  December,  1889,  the  secretary,  acting  upon  a  petition  signed 
by  five  residents,  called  a  meeting  of  the  board  for  December  14th,  to  examine  the 
teacher  of  subdistrict  number  eight.  A  notice  was  also  served  upon  the  teacher 
the  same  date,  signed  by  the  secretary,  both  the  call  and  the  notice  being  spread 
upon  the  records  in  due  form .  The  meeting  was  held  on  the  fourteenth  of  Decem- 
ber. The  records  show  that  the  appellant  was  present  and  objected  to  the  consid- 
ation  of  the  charges,  as  the  proceedings  were  not  in  accordance  with  section  1734. 
At  the  same  time  he  demanded  a  copy  of  the  charges  and  that  one  week  be  given 
him  :n  which  to  prepare  his  defense,  which  demand  was  complied  with  and  the 
board  adjourned  to  December  21st. 

If  the  appellant  had  moved  to  dismiss  the  case  it  would  not  have  been  an  error 
to  sustain  the  mofion,  but  he  submitted  to  the  jurisdiction  of  the  board  and  obtained 
a  continuance  of  the  case  until  December  21st.  It  must  be  held  that  by  this  action 
he  waived  any  defect  or  irregularity  in  the  jurisdiction  of  the  board  in  this  case. 
The  purpose  and  object  of  the  process,  as  pointed  out  in  section  1734,  was  fully 
accomplished.  See  Wilgus  ei  al.  v.  Gettings,  et  al.,  19  Iowa,  page  82.  At  the 
meeting  held  December  21st  the  board  voted  to  discharge  the  teacher.  An  appeal 
was  taken  to  the  county  superintendent  who  affirmed  the  board.  The  appellant 
appeals  to  the  superintendent  of  public  instruction. 

The  only  question  before  the  caunty  superintendent  was  whether  the  conditions 
as  prescribed  in  section  1734  were  fully  complied  with.  It  is  alleged  that  while 
the  teacher  was  present  he  was  not  allowed  to  make  his  defense.  The  secretary's 
transcript  furnishes  the  only  means  of  determining  this.  The  records  show  that  he 
was  allowed  to  cross-examine  witnesses,  and  they  do  not  show  that  he  was  barred 
from  offering  evidence  had  he  chosen  to  do  so.  There  can  be  «o  question  of  the 
power  of  the  board  under  the  law  to  discharge  the  teacher.  It  is  held  in  the  case 
of  Kirkpatrick  v  Independent  District  of  Liberty ^  53  Iowa,  585,  that  the  board  does 
not  act  as  a  court,  in  any  strict  sense,  and  is  not  bound  by  the  rules  applicable  to 
a  court.  The  intent  of  the  statute  is  evidently,  while  it  guards  carefully  the  rights 
of  the  teacher,  to  enable  the  board  to  discharge  a  teacher  who,  after  a  careful  inves- 
tigation, is  determined  to  be  unfit  for  the  position.  It  is  termed  "a  simple  and 
inexpensive  way  of  determining  rights."  It  is  claimed  by  the  counsel  for  the 
appellant  that  when  a  certaim  mode  is  prescribed  in  determining  a  case  not  in  the 
usual  course  of  the  common  law,  such  mode  must  be  followed,  and  reference  is 
made  to  the  case  of  Cooper  v.  Sunderland,  3  Iowa,  125.  But  it  is  held  in  the  same 
case  that  when  sufficient  appears  on  the  face  of  the  records  to  give  it  jurisdic- 
tion under  the  law  conferring  the  power,  then  the  presumption  attaches  in  favor  of  the 
remainder  of  the  proceedings  •£  the  court  If  the  action  of  the  appellant  in  appear- 
ing f©r  trial  gave  the  board  jurisdiction,  then  all  the  proceedings  must  be  held  to 
be  regular.  The  discharge  of  a  teacher  is  largely  within  the  discretionary  power 
of  the  board.  It  is  to  guard  the  rights  of  the  district  and  the  interests  of  the  school, 
as  well  as  the  rights  of  the  teacker.  After  a  full  and  fair  investigation  it  is  its  duty 
to  act  as  it  deems  best,  under  all  the  conditions  and  circumstances  of  the  case. 
See  Smith  v.  District  Township  of  Knox,  42  Iowa,  522.  This  being  the  case,  it  is 
the  duty  of  the  county  superintendent  not  to  interfere  with  the  action  of  the  board 
unless  he  is  convinced  that  it  in  some  way  abused  its  discretion.  He  is  right  in 
sustaining  the  board,  even  though  as  an  invidual  he  wotdd  have  preferred  some 
other  action  on  its  part. 


44  SCHOOL  LAW   DECISIONS. 

Our  conclusion  is,  after  a  careful  consideration  of  the  matter  and  after  read- 
ing the  transcript  with  unusual  care,  that  the  defendant  had  a  fair  and  impartial 
trial,  and  that  the  terms  of  the  law  were  substantially  complied  with  The 
decision  of  the  county  superintendent  is  Affirmed. 

HENRY   SABIN, 

June  12,  1890.  •  Superintendent  of  Public  Instruction. 


Michael  D  )nelox  v.   District  Townsh  p  of  Kmiest. 

Appeal  from  Carroll  County, 

SuBDiSTRTCT-  BOUNDARIES.  The  boundaries  of  subdistricts  may  be  changed  or 
new  subdistricts  formed,  only  at  the  regular  meeting  of  the  board  in  September » 
or  at  a  special  meeting  held  before  the  following  March. 

On  the  twenty-fourth  of  March,  1890,  the  board  made  an  order  changing  the 
boundary  between  subdistricts  four  and  five.  Michael  Donelon,  residing  upon  the 
territory  transferred,  appealed  to  the  county  superintendent,  who  on  the  four- 
teenth of  April  affirmed  the  order  of  the  board,  and  from  his  decistbn  Mr.  Donelon 
appeals. 

The  action  of  the  board  called  in  question  was  taken  under  section  1796,  the 
first  of  which  section  reads:  * '  The  board  of  directors  shall,  at  their  regular  meet- 
ing in  September,  or  at  any  special  meeting  called  thereafter  for  that  purpose, 
divide  their  township  into  subdistricts,  etc."  It  has  been  continuously  held  by 
this  department  ever  since  the  enactment  of  the  provision  of  law  quoted  above, 
thit  as  changes. in  the  subdistrict  boundaries  under  section  1795  do  not  take  effect 
until  the  following  subdistrict  election,  it  is  therefore  the  manif-st  intention  of 
the  law  as  indicaied  in  the  reading  of  the  portion  of  section  1796  we  have  quoted, 
that  said  changes  should  be  ordered  at  the  regular  meeting  of  the  board  in 
September,  or  at  a  specially  called  meeting  held  long  enough  before  the  sub- 
district  election  to  allow  time  for  notices  to  be  given  for  the  election  of  sub-direct- 
ors, and  that  the  law  does  not  give  the  board  power  to  change  subdistrict  bound- 
aries between  March  and  September,  but  only  between  September  and  March.  If 
this  is  the  meaning  of  the  law  it  is  decisive  of  this  case,  and  we  shall  be  com- 
pelled to  dismiss  the  case  for  want  of  jurisdiction. 

A  careful  examination  of  the  question  leads  us  to  the  same  conclusions  uni- 
formly announced  by  our  predecessors.  We  are  able  in  no  other  way  to  explain 
the  wording  of  the  section.  It  seems  plain  that  the  law  intends  to  impose  the 
limitation  upon  the  board  so  clearly  indicated  by  the  phraseology  of  section  1793. 
Attention  is  invited  to  the  decisions  found  on  pages  25,  2S  and  63.  School  Law 
Decisions  of  1876.  It  is  also  worthy  of  notice  that  this  principle  has  been  con- 
sidered to  be  so  fully  established  in  practice  and  so  well  understood,  that  cases 
referring  to  the  universally  admitted  fact  have  been  omitted  from  the  three  com- 
pilations of  decisions  made  since  1876,  This  case  is  the  first  appeal  for  many 
years  past  reviving  the  question. 

We  are  aware  that  the  case  in  70  Iowa,  338,  may  be  urged  a?  affording  oppor- 
tunity for  a  different  view  than  the  one  taken  by  us.  But  it  must  be  observed 
that  the  matter  at  issue  in  that  case  is  whether  the  board  has  power  to  exercise 
its  discretion  in  so  full  and  complete  a  manner  as  to  dispense  entirely  with  a  new 
subdistrict  recently  created  by  a  former  board,  and  thus  by  a  single  order  opposite 
in  intention  to  nullify  all  that  had  been  done  previously  in  regard  to  change  of 
boundaries.  It  was  urged  that  the  board  does  not  have  such  power  after  the  sub- 
^istrict  has  acquired  a  legal  existence.  The  effect  of  the  decision  is  to  estabi  sh 
the  power  of  the  board  to  exercise  its  fullest  discretion  in  determining  the 
necessity  for  change  of  boundaries,  subject  to  the  remedy  of  appeal.  We  can- 
not interpret  the  decision  as  s:?ttihg  aside  that  provision  of  1796,  which  directs 


SCHOOL  LAW    DECISIONS. 


45 


that  such  changes  in  boundaries  shall  be  made  at  the  regular  meeting  of  the 
board  in  September,  or  at  a  special  meeting  thereafter,  obviously  not  to  be  held 
later  than  the  first  Monday  in  March 

It  is  apparent  then  that  the  action  of  the  board  complained  of  in  this  case  was 
not  in  accordance  with  law,  and  hence  was  null  and  void.  It  is  fortunate  that  the 
board  has  an  opportunity  within  a  few  weeks  to  take  such  action  as  may  then  seem 
to  it  for  ttie  best  interests  of  the  district  and  all  concerned. 

Reversed  and  dismissed. 
HENRY  SARIN, 

August  23,  1890.  Superintendent  of  Pub  Ac  Instruction, 

Elisha  and  Elda  Tanner  v.  Independent  District  of  Clarence. 

Appeal  from  Cedar  County. 

Affidavit.  A  technical  error  in  the  affidavit  not  prejudicial  to  either  party  will 
not  defeat  the  appeal. 

Affidavit.  The  affidavit  may  be  amended  when  such  action  is  not  prejudicial  to 
the  rights  of  any  one  interested. 

School  Privileges.  The  law  is  to  be  construed  in  the  interest  of  the  child.  The 
actual  residence  of  the  scholar  at  the  time  will  establish  the  right  to  attend  school 
free  of  tuition. 

The  board  excluded  Elda  Tanner  from  school  until  such  time  as  her  tuition  is 
paid,  on  the  ground  that  she  is  a  non-resident  pupil.  The  county  superintendent 
on  appeal  reversed  the  action  of  the  board  and  appeal  was  taken  to  the  superin- 
tendent of  public  instruction.  It  was  claimed  before  the  county  supf^rintendent 
that  inasmuch  as  the  affidavit  upon  which  the  appeal  was  based  was  without  the 
seal  of  the  notary  public,  that  there  were  no  grounds  upon  which  the  appeal  could 
be  lej?ally  based.  While  it  is  true  that  the  notarial  seal  is  necessary  to  constitute 
an  affidavit,  in  this  case  the  notary  public  was  present  at  the  time  of  trial  and 
under  oath  testified  that  the  omission  of  the  seal  was  only  an  oversight  on  his  part 
and  that  the  persons  therein  designated  did  make  oath  to  the  paper  and  affix  their 
Signatures  to  it  in  his  presence,  then  he  also  there  affixed  the  notarial  seal.  It  is 
held  that  since  no  interests  were  prejudiced  by  the  error  which  at  the  best  was  only 
technical,  that  the  county  superintendent  did  not  commit  an  error  in  overruling 
the  motion  to  dismiss  the  case. 

The  allegation  o:  tacts  made  by  Elda  Tanner  are  that  she  is  sixteen  years  of 
age,  that  her  father  and  mother  have  parted,  and  that  for  ten  years  or  more  she 
made  her  home  in  the  family  of  Mrs.  McCartney  in  Massilon  township.  Before  she 
came  to  Clarence  she  had  an  understanding  with  her  father  that  she  was  to  care 
for  herself  thereafter.  She  also  claims  that  being  thus  emancipated  from  her 
father's  control,  she  chose  to  become  a  resident  of  Clarence,  and  as  an  actual  resi- 
dent of  that  school  district  is  entitled  to  the  privileges  of  school  under  the  provisions 
of  section  1794. 

It  is  of  interest  to  ascertain  how  far  such  an  agreement  constitutes  emancipation 
of  a  minor  child.  It  is  held  in  1  Iowa,  356,  that  in  the  absence  of  statutory  require- 
ments such  emancipation  need  not  be  evidenced  by  any  formal  or  record  act,  but 
may  be  proved  like  any  other  fact.  The  evidence  of  Elda  Tanner  in  this  case  is 
corroborated  by  that  of  her  father,  and  of  Mrs.  McCartney  who  was  present  during 
the  conversation.  We  are  disposed  to  hold  that  Elda  Tanner  under  the  facts  as 
sworn  to  before  the  county  superintendent  was  at  liberty  to  choose  such  a  place  o: 
residence  as  seemed  to  her  most  fitting.  The  evident  and  beneficent  intent  of  the 
law  is  that  no  child  shall  be  deprived  of  schDol  privileges.  The  father  of  a  family 
may  move  into  the  district  from  an  adjoining  state,  and  although  certain  time 
must  elapse  before  he  is  entitled  to  vote  he  may  place  his  children  in  school  the 


46  SCHOOL   LAW  DECISIONS. 

very  day  he  arrives.  In  the  same  spirit  it  has  been  held  that  children '•living  in 
families  in  which  their  work  compensates  for  their  board,  are  actual  residents  and 
are  entitled  to  school  privileges.  The  law  is  to  be  construed  in  their  interests. 
The  district  is  entitled  to  have  such  children  enumerated,  if  they  are  thus  actual 
residents  at  the  time  the  school  census  is  taken.  We  do  not  undertake  to  decide 
that  parents  or  guardians  can  transfer  children  from  one  district  to  another  for 
school  purposes  alone,  but  only  that  those  who  are  actual  residents  under  the  pro- 
visions of  the  law  may  attend  school  without  the  payment  of  tuition.  While  it  is 
true  in  general  that  the  residence  of  a  child  is  the  same  as  that  of  the  parents  or 
guardian,  the  law  evidently  contemplates  exceptions  tj  this  general  rule  and  leaves 
the  right  to  attend  school  to  be  established  by  the  actual  residence  of  the  child . 
Any  other  construction  would  not  be  in  accordance  with  the  spirit  of  the  law,  and 
would  deprive  many  children  of  the  right  to  attend  the  public  schools. 

In  this  case  the  question  of  residence  is  largely  one  of  intent.  The  testimony 
of  Elda  Tanner  is  to  the  effect  that  she  was  at  the  time  of  attendance  an  actual 
resident  of  Clarence,  and  had  no  other  residence.  It  was  competent  for  the  board 
to  disprove  this,  but  we  do  not  find  the  evidence  to  that  effect  conclusive. 

It  is  held  that  the  board  erred  in  excluding  Elda  Tanner  from  school  and  the 
decision  of  the  county  superintendent  is  Affirmed  . 

,  HENRY  SABIN, 

April  24,  1891.  Superintendent  of  Public  Instruction. 


J.  C.  Rekd  et  al.  v.  District  Township  of  Eagle. 

Appeal  front  Sioux  County. 

SuBDiSTRiCTS.  The  board  should  be  encouraged  in  forecasting  a  general  plan 
looking  toward  an  ultimate  regularity  in  the  form  of  subdistricts. 

SCHOOLHOUSE.  There  is  no  limitation  in  law  as  to  the  number  of  scholars  to  be 
accommodated,  in  order  that  the  board  may  provide  a  schoolhouse. 

Subdistricts.  Should  be,  if  possible,  compact  and  regular  in  form.  In  well 
populated  district  townships,  two  miles  square  is  considered  a  desirable  area  for 
each  subdistrict. 

Subdistricts.  It  is  very  important  that  subdistricts  should  be  regular  in  form, 
and  that  where  it  is  possible,  schoolhouses  should  be  located  at  or  near  geograph- 
ical centers. 

Boundaries.  In  the  determination  of  district  and  subdistrict  boundaries,  tem- 
porary expenditures  and  individual  convenience  should  be  subordinated  to  the 
more  important  considerations  relating  to  simplicity  of  outline,  compactness  of 
shape,  uniformity  of  size,  and  permanence  of  sites  and  boundaries. 

The  above  named  district  township  coincides  with  a  congressional  township 
and  consists  of  a  single  subdistrict .  Portions  of  the  district  are  yet  sparsely  set- 
tled .  The  board  seems  to  have  projected  a  plan  to  so  locate  schoolhouses  when 
they  must  be  supplied,  that  ultimately  the  township  shall  have  nine  subdistricts, 
each  of  four  sections. 

On  the  sixteenth  of  March  the  board  ordered  a  schoolhouse  built  at  the  center  of 
the  square  of  four  sections  in  the  southeastern  comer  of  the  township .  From  this 
action  J.  C.  Reed  appealed  to  the  county  superintendent  who  aflSrmed  the  order 
of  the  board.     From  this  decision  Mr.  Reed  appeals. 

It  was  urged  before  the  county  superintendent  that  the  board  was  prevented  by 
the  law  from  building  a  schoolhouse  for  the  accommodation  of  a  less  number  than 
fifteen  of  school  age.  The  question  now  to  be  determined  is  whether  the  county 
fiuperint«ndent  erred  in  affirming  the  order  of  the  board. 

The  board  seemed  to  have  outlined  a  policy  of  regarding  each  four  sections  as 
«  separate  division,  to  be  provided  with  school  advantages    by  itself.     So  far  as 


M. 


SCHOOL   LAW   DECISIONS.  47 

forecasting  the  probable  form  of  subdistricts  to  be  created  in  the  future,  we  think 
the  board  might  be  guided  in  the  location  of  schoolhouses  at  the  present  time  by- 
such  policy,  in  order  that  ultimately  each  subdistrict  will  have  the  form  desired 
and  each  schoolhouse  will  be  located  so  as  best  to  accommodate  all  patrons. 

But  while  matters  are  in  this  progressive  condition,  we  think  the  law  does  not 
confer  power  upon  the  board  to  apply  the  limitations  of  section  1725,  and  decide 
that  until  fifteen  of  school  age  are  to  be  accommodated  by  the  schoolhouse  to  be 
built  no  house  can  be  erected.  In  this  case  for  instance  there  is  but  one  single 
subdistrict.  The  board  may  create  other  subdistricts  provided  fifteen  of  school 
age  are  included  within  the  boundaries  of  each  one  so  formed.  But  the  board  is 
not  prevented  from  building  more  than  one  schoolhouse  in  any  subdistrict.  See 
69  Iowa,  533.  In  the  absence  of  specific  instructions  in  connection  with  the  voting 
of  the  taxes  by  the  electors,  the  board  is  empowered  to  locate  sites  where  in  its 
judgment  a  schoolhouse  seems  to  be  most  demanded. 

We  are  unable  to  find  from  the  evidence  any  reason  to  disturb  the  finding  of 
the  eounty  superintendent  and  his  decision  is  therefore  Affirmed. 

HENRY  SABIN, 

July  3, 1891.  Superintendent  of  Public  Instruction. 


E.  A.  Sheafe  v.  Independent  District  of  Center. 

Appeal  from  Wapello  County . 

Teacher.     As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect 
to  receive  the  ofi&cial  assistance  and  advice  of  the  board. 

Teacher.     The  law  insures  the  teacher  a  fair  and  impartial  trial  before  he  may 
be  discharged. 

The  history  of  this  case  presents  nothing  unusual.  The  board  voted  to  dis- 
charge the  teacher  upon  certain  preferred  charges.  The  teacher  appealed  to  the 
superintendent,  who  reversed  the  action  of  the  board.     The  board  appeals. 

Section  1757  sets  forth  pUinly  the  nature  of  the  contract  which  is  the  evidence 
of  agreement  between  the  board  acting  for  the  district  as  one  party,  and  the 
teacher  as  the  other  party.  Section  1734  prescribes  the  only  method  by  which 
the  board  may  terminate  the  contract  in  advance  or  discharge  the  teacher. 
Both  parties  are  equally  bound  by  this  contract,  and  as  the  board  is  a  continuous 
body  the  election  of  an  entire  new  board  does  not  change  the  relations  of  the 
contracting  parties.  But  inasmuch  as  the  directors  also  act  as  judges  whose  duty 
it  is  to  decide  whether  the  contract  shall  be  terminated,  being  themselves  parties 
to  the  contract,  it  becomes  them  to  weigh  the  evidence  in  the  case  with  the 
greatest  care  and  to  give  the  teacher  the  benefit  of  any  reasonable  doubt.  In  the 
present  case  the  forms  of  the  law  were  complied  with,  and  the  teacher  was  per- 
mitted to  be  present  and  make  his  defense. 

The  transcript  sent  up  by  the  county  superintendent  shows  that  one  of  the 
complaints  upon  which  the  teacher  was  tried  was  signed  by  Jacob  Ream,  who 
also  is  one  of  the  directors  and  acted  as  one  of  the  judges  in  the  case.  This  is 
strong  presumptive  evidence  of  prejudice  on  the  part  of  one  of  the  judges  at  least, 
and  this  evidence  is  strengthened  by  the  fact  that  Jacob  Ream  is  the  father  of 
John  Ream  whose  punishment  is  made  a  matter  of  complaint.  It  is  further 
strengthened  by  the  fact  brought  out  in  evidence,  that  the  present  board  was 
elected  for  the  purpose  and  with  the  intent  of  displacing  the  teacher.  The  law 
is  very  careful  to  guard  the  rights  of  the  teacher  and  to  insure  him  a  fair  trial. 
That  certainly  can  not  be  considered  a  fair  trial  in  the  eyes  of  the  law,  in  which 
one  of  the  judges  who  is  to  give  his  vote  for  acquittal  or  conviction  is  a  com- 
plainant in  the  case  and  is  as  ready  to  pronounce  the  verdict  before  he  hears  the 
testimony  as  afterward. 


48  SCHOOL  LAW   DECISIONS. 

The  board  invited  the  teacher  to  resign  at  its  first  meeting,  and  upon  his  refusal 
it  proceeded  at  once  to  take  steps  to  discharge  him.  Under  certain  circumstances 
this  might  be  right,  when  necessary  to  relieve  the  school  from  a  teacher  proved  to 
be  incompetent  or  immoral.  But  general  dissatisfaction  as  alleged  in  the  petition 
or  the  desire  to  hire  a  lady  teacher  for  the  summer  term,  or  to  lessen  the  expenses 
of  the  district,  can  not  be  held  to  form  any  reason  for  discharging  the  teacher. 
The  alleged  punishment  of  the  two  boys  is  not  proved  in  either  case  to  have  been 
unreasonably  severe,  to  have  been  inflicted  in  passion,  or  to  have  resulted  in  any 
permanent  injury.  These  punishments  happened  some  weeks  before  and  any  com- 
plaint should  have  been  made  to  the  old  board. 

It  does  not  appear  necessary  to  enter  any  further  into  the  merits  of  this  case. 
It  is  held  that  no  error  was  committed  in  reversing  the  action  of  the  board  and  the 
decision  of  the  county  superintendent  is  therefore  Affirmed. 

HENRY  SABIN, 

October  20,    891.  Superintendent  of  Public  Instruction . 


C.  A.  Webster  v.  Independent  District  Number  Seven. 

Appeal  from  Winneshiek  County. 

Discretionary  Acts.  To  warrant  interference  with  a  discretionary  act,  abuse 
of  discretion  must  be  proved  beyond  a  reasonable  doubt. 

Discretionary  Acts.  It  is  not  the  province  of  an  Appeal  to  discover  and  to 
correct  a  slight  mistake.  The  board  alone  must  bear  any  blame  that  may  attach 
to  a  choice  deemed  by  appellants  somewhat  undesirable,  but  not  an  unwise  selec- 
tion to  such  a  degree  as  to  indicate  an  abuse  of  the  discretion  ordinarily  exercised. 

Discretionary  Acts.  In  the  absence  of  proof  that  the  board  has  abused  the 
authority  given  it  by  the  law,  its  orders  wiil  not  be  set  abide,  although  another 
decision  might  to  many  seem  preferable. 

Jurisdiction.  When  its  order  is  affirmed,  the  board  is  left  free  to  take  another 
action ,  if  thought  best . 

On  the  third  day  of  October,  1891,  the  board  relocated  the  schoclhouse  site  in 
independent  district  number  seven.  Burr  Oak  township.  Appeal  was  taken  to 
the  county  superintendent,  who  reversed  the  action  of  the  board  which  ordered 
the  house  removed  to  the  new  location.  From  this  decision  John  Knox  president 
of  the  board  appeals. 

The  proceedings  in  this  case  are  entirely  regular.  It  is  not  claimed  that  there 
was  any  direct  violation  of  law,  nor  that  prejudice  or  improper  motives  in  the 
least  influenced  the  action  of  the  board.  The  very  common  complaint  that  the 
discretion  vested  in  the  board  by  the  law  had  been  abused  was  virtually  the  only 
error  urged 

The  only  question  for  us  to  determine  is  the  single  one  as  to  whether  the 
county  superintendent  was  warranted  in  setting  aside  the  order  of  the  board. 
Unless  the  evidence  clearly  sustains  his  conclusions  we  shall  be  compelled  to 
re \rerse  his  decision .  But  if  the  evidence  shows  plainly  a  gross  abuse  of  discre- 
tion on  the  part  of  the  board,  then  we  must  affirm. 

Where  an  abuse  of  the  large  discretion  vested  in  the  board  is  urged,  to  war- 
rant interference  by  an  appellate  tribunal  such  abuse  must  be  proved  conclu- 
sively. The  testimony  must  disclose  so  fully  the  nature  of  the  unwarranted 
action  as  to  leave  no  reasonable  doubt.  The  acts  of  a  board  must  be  presumed 
to  be  correct,  and  they  are  entitled  to  the  benefit  of  every  doubt.  Unless  it  is 
fully  apparent  that  the  discretionary  power  of  the  board  has  been  abused  to  such 
an  extent  as  to  render  interference  necessary,  it  is  the  duty  of  the  county  super- 
intendent to  allow  the  act  of  the  board  to  stand,  although  he  may  differ  from  the 
board  very  strongly  as  to  the  desirability  of  the  order  in   question.      In  this  con- 


SCHOOL  LAW   DECISIONS.  49 

nection,  attention  is  called  to  appeal  decisions  found  on  paj^es  35,  82,  90,  100  and 
135,  School  Law  Decisions  of  1888. 

In  this  case  while  the  testimory  shows  that  the  removal  to  the  site  selected 
will  brinja:  the  schoolhouse  qui;e  a  distance  south  of  the  center  of  the  dis  rict,  it 
is  not  in  evidence  that  a  suit?.ble  site  might  have  been  found  nearer  the  center. 
It  must  be  presumed  that  the  board  carefully  weighed  all  the  reasons  in  favor  of 
and  against  the  r-\te  chosen,  at  d  also  that  it  endeavored  to  find  the  best  site.  The 
evidence  is  by  no- means  conclusive  that  it  did  not  select  the  best  .site  obtainable. 
If  in  the  opinion  of  the  people  an  error  has  been  made,  it  rests  with  the  electors 
to  choose  a  board  favoring  another  location . 

It  is  with  reluctance  that  we  reverse  the  decision  of  the  county  superintendent 
There  can  be  no  question  that  h,e  intended  to  seek  substantial  justice  for  the 
people  of  the  district.  This  decision  does  not  prevent  the  board,  if  thought 
desirable  to  do  so,  from  reconsidering  the  action  by  which  the  new  sit^o  was 
chosen  an 3  selecting  a  different  site.  But  we  cannot  find  that  the  evidence  sup- 
ports the  county  superintendent  in  overruling  the  order  made  by  the  board  and 
his  decision  is  therefore  Reversed. 

J.  B.  KNOEPFLER, 

February  26,  1892.  Superintendent  of  Public  Instruction, 


R.  G.   W.  FoRSYTHE  V.  Independent  District  of  Kirkvillb. 

Appeal  from  Wapello  County. 

Appeal.  Where  the  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurring 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  talking  action  first. 

Territory.     All  territory  must  be  contiguous  to  the  district  to  which  it  belongs. 

Jurisdiction.  In  change  of  boundaries  by  two  boards,  an  appellate  tribunal 
acquires  only  the  same  power  possessed  by  the  board  from  whose  action  appeal  is 
taken,  and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse  and  do  what 
the  board  refused  to  do. 

Petition.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board  the 
kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with  equal  direct- 
ness without  such  request. 

The  board  of  the  above  named  district  refused  to  concur  in  the  action  of  the 
board  of  the  district  township  of  Richland,  offering  to  transfer  certain  territory 
to  the  independent  district.  Mr.  Forsythe,  desiring  the  transfer,  appealed  to  the 
county  superintendent,  who  reversed  the  action  of  the  board  and  ordered  the 
transfer  of  the  territory  under  consideration  by  the  two  boards,  with  the  excep- 
tion of  the  northwest  quarter  of  the  southwest  quaiter  of  section  eighteen,  which 
the  county  superintendent  directed  should  remain  a  part  of  the  district  township 
of  Richland ,  and  also  ordered  the  transfer  of  the  northwest  quarter  of  the  north- 
west quarter  of  section  eighteen ,  which  would  otherwise  be  cut  off  from  the 
district  township  to  which  it  belongs.  From  this  decision  L.  Jones,  president  of 
the  board  of  the  independent  district  of  Kirkville,  appeals. 

This  case  turns  on  the  power  of  the  county  superintendent  to  modify  the  order 
appealed  from  in  the  manner  done  byhirp.  It  is  true  that  even  if  the  board  of 
the  independent  district  of  Kirkville  had  concurred  in  the  transfer  of  the  terri- 
tory released  by  the  other  board,  such  order  would  not  have  been  in  conformity 
with  the  spirit  of  the  law,  because  forty  acres  would  then  be  left  belonging  to  the 
district  township  of  Richland  and  not  contiguous  to  the  remainder  of  the  district. 
The  county  superintendent  was  led  to  conclude  thpt  the  forty  acres  in  question 
should  be  transferred,  if  any  change  of  boundaries  was  made.  But  could  the 
county  superintendent  so  determine  in  this  appeal?     We  think  not.     The  board  of 


50  SCHOOL   LAW   DECISIONS. 

the  independent  district  might  concur  or  refuse  to  concur.  They  might  refuse  to 
concur,  and  initiate  a  new  proposition  which  the  board  of  the  district  township 
could  act  upon,  when  appeal  wowld  then  lie  from  the  last  action.  But  an  attempt 
to  change  the  order  originally  made  would  render  it  necessary  to  have  such  new 
action  considered  by  the  other  board,  before  becoming  effective,  or  even  in  order 
that  the  action  could  be  brought  within  the  power  of  the  county  superintendent  to 
consider  on  appeal .  For  in  a  case  of  this  kind  no  matter  can  come  into  the  case 
on  appeal,  unless  the  second  board,  the  one  last  acting,  concurs  or  refuses  to 
concur  in  the  order  initiated  or  proposed  by  the  board  first  taking  action. 

It  follows  then  that  the  county  superintendent  having  only  appellate  jurisdic- 
tion, could  not  assume  original  jurisdiction  and  do  what  the  board  from  whose 
action  the  appeal  was  taken  could  not  have  done.  Therefore  we  are  compelled  to 
hold  that  the  county  superintendent  did  not  have  the  power  to  decide  that  the 
northwest  quarter  of  the  northwest  quarter  of  section  eighteen  should  be  trans- 
ferred. 

A  caref-1  investigation  of  the  transcript  leads  us  to  believe  that  perhaps  such  a 
change  of  the  boundaries  as  would  transfer  the  residence  of  Mr.  Forsythe  to 
the  independent  district,  might  be  desirable.  Of  course  such  transfer  would 
Include  entire  forties  of  land,  and  no  territory  could  be  separated  from  the  dis- 
trict to  which  it  should  belong.  Whether  any  change  is  best,  must  be  determined 
by  the  boards  interested,  the  action  of  the  board  last  acting  being  subject  to  cor- 
rection on  appeal.  In  order  that  the  matter  may  come  again  without  prejudice 
to  the  attention  of  the  boards,  the  decision  of  the  county  superintendent  is  reversed 
and  the  case  remanded  to  him  to  be  reopened  and  heard  again .  We  think  he  will 
be  compelled  by  necessity  to  afl&rm  the  decision  of  the  board  of  the  independent 
district  of  Kirkville,  in  refusing  to  concur  in  the  transfer  proposed  by  the  district 
township.  This  will  leave  all  matters  as  nearly  as  possible  in  the  same  condition 
they  were  before  any  action  was  taken.  It  will  then  be  in  order  for  either  board  at 
any  time  to  initiate  such  a  change  of  boundaries  as  may  seem  demanded.  There 
ia  no  absolute  necessity  for  a  petition  or  request.  A  petition  may  bo  used  to  bring 
to  the  attention  of  the  board  the  kind  of  action  desired  by  the  petitioners,  but  a 
board  may  act  with  equal  directness  without  such  request. 

Reversed  and  Remanded. 
J.  B.  KNOEPFLER, 
April  6,  1892.  Superintendent  of  Public  Instruction 

J.  A.  Claxton  v.  Independent  District  of  Holmes. 

Appeal  front  Fayette  County, 

BCHOOLHOUSB  SiTB.  The  necessities  of  the  present  must  be  observed  in  locating 
■choolhonse  sites,  in  preference  to  the  probabilities  of  the  future. 

SCHOOLHOUSE  SiTE.  The  prospective  wants  of  the  district  may  properly  have 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes  neces- 
lary,  but  not  in  securing  the  removal  of  a  schoolhouse  now  conveniently  located. 

On  the  twenty-first  of  March  last,  the  board,  by  two  afiBrmative  votes  to  one 
negative,  relocated  the  schoolhouse  site  at  a  point  eighty  rods  west  of  the  present 
aite.  From  this  action  J.  A.  Claxton  appealed.  The  county  superintendent 
reversed,     D.  S.  Thompson  now  appeals  to  this  department. 

The  proceedings  in  this  case  appear  to  be  entirely  regular.  There  was  no  viola- 
tion of  law.  Appellant  does  not  allege  malice  or  prejudice.  Therefore  abuse  of 
discretion  was  the  only  point  to  be  considered  by  the  county  superintendent.  He 
decided,  after  a  full  hearing  of  the  case,  that  there  had  been  abuse  of  discretion 
gnfficient  to  warrant  him  in  reversing  the  board's  order.  It  is  for  us  to  review  the 
testimony  on  which  he  made  this  decision,  and  the  argument  offered  in  the  appeal 
before  this  tribunal. 


SCHOOL   LAW   DECISIONS.  '         5| 

In  cases  such  as  the  present,  the  question  for  an  appellate  tribunal  to  determine 
is  not  which  of  two  sites  is  the  better,  but  whether  the  site  selected  is  under  existing- 
and  prospective  conditions  of  the  district,  at  all  fit  and  suitable  for  a  schoolhouse 
site,  as  well  as  fair  to  the  patrons.  And  to  determine  this,  various  factors  must  he 
taken  into  consideration.  There  should  be  unusually  strong  reasons  for  abandon- 
ing a  site  provided  with  a  good  well,  especially  if  the  new  site  is  on  lower  ground 
as  in  the  present  case,  where  good  water  may  not  be  procurable.  Trivial  differ- 
ences in  '■■'istance  should  not  usually  be  allowed  to  lose  to  a  district  the  value  of 
shade  trees  already  well  advanced .  Wells  and  trees  cannot  be  removed ,  and  with 
the  latter,  it  not  only  makes  expense,  but  requires  years  to  replace  them.  How- 
ever, in  all  this,  and  in  the  doubt  that  is  raised  whether  the  new  site  is  a  fit  one  at 
all  on  account  of  being  low  and  wet,  we  are  disposed  to  give  the  board  the  benefit 
of  the  doubt. 

Counsel  for  appellant  states  that  the  little  village  of  Donnan,  in  the  northwestern 
part  of  the  district,  is  certain  to  grow  considerably  in  the  near  future  because  of 
being  at  the  junction  of  two  railroads,  and  that  therefore  it  should  have  better 
school  facilities  than  are  afforded  by  the  old  site.  Taking  the  premises  in  this 
reasoning  as  correct  the  conclusion  is  sound,  only  that  it  does  not  go  far  enough. 
Donnan  village  would  demand  better  school  facilities  than  even  the  new  site  would 
afford.  It  would  ask  to  be  set  off  in  an  independent  district  and  have  its  own  local 
school,  taking  with  it  more  or  less  of  territory  off  the  west  side  of  the  Holmes  dis- 
trict. This  would  leave  the  schoolhouse  on  the  new  site  considerably  too  far  west 
of  the  geographical  center  and  center  of  population  of  the  district  as  it  would  theti 
be  left,  especially  so  since  many  of  the  residents  in  the  eastern  half  live  in  the 
extreme  eastern  limits  of  the  district. 

Therefore,  taking  all  these  things  into  consideration,  while  fully  realizing  how 
reluctant  this  department  has  always  been  to  interfere  with  the  discretionary  acts 
of  a  board,  we  think  it  will  be  better  for  the  schoolhouse  to  remain  on  the  old  site 
for  the  present.  When  a  north  and  south  highway  shall  have  been  actually  con- 
structed and  its  location  thus  made  certain ,  and  when  the  necessities  of  the  north- 
western portion  of  the  district  shall  be  more  definitely  understood,  it  will  be 
easier  to  determine  the  needs  of  the  district,  and  choose  a  site  that  shall  be  perma- 
nent, if  removed  from  the  present  site.  The  board  may  then,  if  it  sees  fit,  take 
action  again  on  the  question  of  relocation.  The  decision  of  the  county  superin- 
tendent is  hereby  Affirmed. 

J.  B.  KNOEPFLER, 

November  23,  1892.  Superintendent  of  Public  Instruction. 


Ole  Thompson  et  at,  v.  District  Township  of  Belmond. 

Appeal  from  Wright  County. 

Testimony.  Opinions  unsupported  by  facts  do  not  become  satisfactory  evidence. 
Discretionary  Acts.  The  order  complained  of  is  reviewed  not  to  discover  the 
desirability  of  the  action,  but  to  determine  whether  sound  reason  and  wise  dis- 
cretion were  followed. 

Discrepionary  Acts.     The  fact  that  some  other  action  would  have  been   desir- 
able or  preferable  does  not  establish  that  the  board  abused  its  discretion. 
Board  of  Directors.     Its  action  is  presumed  to  be  correct  and  for  the  interest 
of  the  district,  until  proved  to  be  otherwise. 

Discretionary  Acts.  In  the  determination  of  appeals,  the  weight  which  prop- 
erly attaches  to  the  discretionary  actions  of  a  tribunal  vested  with  ongmal  3ur»ii- 
dicton  should  not  be  overlooked. 

This  case  comes  before  the  superintendent  of  public  instruction  on  appeal  taken 


52  SCHOOL   LAW  DECISIONS. 

by  John  L,  McAlpine  from  the  decision  of  the  county  superintendent  reversing  the 
action  of  the  board  in  refusing  to  create  certain  additional  subdistricts  as  prayed 
for  in  a  petition. 

The  point  at  issue  is  a  siniple  one,  being  merely  a  question  of  discretion  on  the 
part  of  the  board  as  to  whether  it  was  best  to  take  or  not  to  take  a  certain  action. 
'ihe  decision  of  the  county  superintendent  compels  the  board  to  do  what  it  did 
not  deem  wise  or  necessary.  Doubtless  there  are  instances  when  such  a  ruling  on 
the  part  of  the  appellate  tribunal  is  needed.  But  does  the  evidence  warrant  such 
a  decision  in  the  present  case?  The  affidavit  bringing  the  case  before  the  county 
superintendent  does  not  allege  violation  of  law,  or  prejudice.  Neither  does  such 
appear  in  the  testimony.  The  law  gives  beards  very  wide  latitude  in  the  exercise 
of  their  discretionary  powers.  Not  infrequently  cafes  arise  in  which  an  appellate 
tribunal  would  sustain  their  discretionary  action  whether  they  granted  or  refused 
to  grant  a  given  petition,  there  being  no  manifest  abuse  of  such  discretion  in  either 
action.  In  any  event,  the  action  of  a  board  is  presumed  to  be  correct  and  for  the 
interest  of  the  district  until  proved  to  be  otherwise.  Mere  opinions  of  witnesses 
that  a  different  action  would  have  been  preferable  cannot  be  accepted  as  evidence. 
Statements  of  facts  and  existing  conditions  must  be  gA'en.  Even  then  the  fact 
that  some  other  action  would  have  been  desirable  or  preferable  does  not  estabhsh 
that  the  board  abused  its  discretion.  It  must  be  shown  that  the  action  complained 
of  is  an  injury  to  the  district  or  does  gross  and  needless  injustice  to  the  patrons 
thereof.  The  decisions  in  this  line  by  our  predecessors  are  numerous  and  pointed, 
and  we  fully  concur  in  the  position  taken. 

In  the  present  case  the  evidence  does  not  show  that  any  one  is  made  to  suffer 
injustice  by  the  board's  action.  Ample  provision  has  been  made  to  accommodate 
all  of  the  pupils  of  the  territory  in  question  with  school  privileges.  It  is  not  in 
evidence  that  the  formation  of  three  subdistricts  out  of  the  one  would  improve 
these  facilities,  since  the  subdistrict  now  has  three  schoolhouses  located  for  the 
convenience  of  the  respective  portions  of  said  .subdistrict. 

For  the  county  superintendent,  or  the  state  superintendent,  to  render  a  decision 
invariably  as  he  would  have  voted  had  he  bten  a  member  of  the  board,  is  not  what 
the  law  intends  when  clothing  these  officers  with  authority  to  try  and  decide 
appeals.  Malice,  prejudice,  violat;on  of  law,  is  the  board  guilty  of  any  of  these? 
Or  has  it  gone  beyond  sound  reason  and  wif^e  discretion  in  taking  or  refusing  to 
take  a  given  action?     These  are  the  questions  for  both  tribunals  to  inquire  into. 

While  we  believe  the  county  superintendent  endeavored  conscientiously  to  hear 
and  decide  the  present  case  fairly,  yet  in  the  light  of  the  foregoing  reasoning  we 
do  not  find  that  the  evidence  discloses  grounds  sufficient  for  refusing  to  affirm  the 
board,  and  the  decision  of  the  superintendent  is  iheiefore  Reversed. 

J.  B.  KNOEPFLER, 

March  11,  1893.  Superintendent  of  Public  Instruction. 


J.  O.  Severeid  and  John  Stenberg  v.  Ind.- District  lf  Fieldberg. 

Appeal  front  Story  County . 

School  Privileges.     Are   not   guaranteed   children   elsewhere   than  in  the  dis- 
trict of  their  residence. 

School  Privileges.     To  the  fullest   extent  possible,  the  board  should  equalize 
the  distance  to  be  traveled  to  school. 

School  Privileges.     Attendance  in  another  district    depends   upon   the   board 
ot  that  district,  and  must  therefore  be  regarded  as  a  contingency. 

The  transcript  in  this  case  shows  that  on  March  20,  1893,  the  beard  in  answer 
to  a  petition  relocated  the  school  site  and  made  an  order  to  move  the  schoolhouse 
on  the  site  selected,  the  latter  being  more  than  three-fourths  of  a  mile  north  of 


SCHOOL   LAW   DECISIONS. 


53 


the  present  site.  John  O.  Severeid  and  John  Stenberg  appealed  to  the  county 
superintendent  who  affirmed  the  order  of  the  board.  The  same  parties  now 
appeal  to  the  superintendent  of  public  instruction.  The  essence  of  affidavit  filed 
by  appellants  is  abuse  of  discretion  by  the  board  because  several  families  will  be 
compelled  to  go  two  miles  or  more  to  reach  the  schoolhouse  on  the  new  site. 

The  district  consists  of  four  sections  in  the  southwest  corner  of  Palestine 
township.  The  schoolhouse  as  now  located  is  in  the  geographical  center  of  the 
district  and  within  a  distance  of  one  and  three-fourths  miles  from  the  most 
remote  patrons.  In  the  northern  part  of  the  district,  in  fact  on  the  extreme 
northern  boundary,  lies  the  village  of  Huxley.  It  is  in  the  edge  of  this  village, 
and  therefore  almost  in  the  limits  of  the  district  that  the  new  site  has  been 
selected.  Two  of  the  directors  residing  in  said  village  and  being  the  two  who 
voted  for  the  new  location.  The  district  has  a  school  enumerating  sixty-eight, 
of  whom  about  forty  live  in  Huxley.  These  pupils  have  been  going  to  the  center 
of  the  district,  where  the  schoolhouse  now  is,  a  fraction  over  one  and  one-fourth 
miles.  For  the  better  accommodation  of  these  pupils  the  removal  was  ordered. 
While  some  attempt  is  made  to  show  that  the  site  chosen  is  unfit,  that  the  cost  of 
moving  will  be  excessive,  and  that  there  was  undue  prejudice,  we  do  not  find 
that  any  of  these  charges  are  sustained.  We  may  therefore  consider  merely  the 
element  of  distance  to  the  new  site.  It  is  in  evidence  that  some  of  the  school 
patrons  will  have  two  and  one-fourth  miles  to  reach  the  new  site,  while  there  are 
five  families  with  nine  children  whose  distance  will  be  over  two  miles,  also  that 
about  twenty-nine  children  at  present  will  be  unfavorably  affected  and  about 
thirty-seven  favorably.  While  the  new  site  will  accommodate  a  majority  of  the 
pupils,  still  it  is  considerably  north  of  the  center  of  population.  The  board  and 
the  petitioners  seemed  to  realize  clearly  that  the  contemplated  site  would  leave 
several  families  at  a  great  disadvantage  as  to  school  privileges,  since  they  state 
that  these  families  can  be  accommodated  in  other  districts.  They  realized  that 
an  injustice  would  be  done  if  these  families  should  be  compelled  to  travel  to  the 
new  site  for  school  conveniences.  But  there  is  nothing  offered  in  evidence  to 
show  how  said  patrons  can  be  accommodated  elsewhere.  It  is  not  shown  that 
they  will  be  as  near  even  another  school  as  to  their  own,  provided  they  might 
attend  such  a  school.  For  aught  that  appears  in  the  evidence,  they  may  be 
three  or  more  miles  from  any  other  school.  Even  if  there  be  one  nearer,  there  is 
no  positive  evidence  that  the  board  has  made  arrangements  for  the  schooling  of 
said  pupils  in  another  school,  or  even  that  it  can  make  such  arrangements.  Wit- 
nesses say  that  they  think  said  pupils  could  attend  in  some  other  district,  but 
this  belief  merely  cannot  be  received  as  satisfactory^  evidence  on  this  point. 
What  are  the  probabilities  that  such  provisions  can  be  made  for  the  children  of 
the  five  families  under  consideration?  The  territory  on  which  these  families  reside 
cannot  be  set  off  to  another  district  for  the  reason  that  territory  cannot  be  detached 
to  districts  in  a  different  township  as  would  be  necessary  in  this  case .  Neither 
is  it  legal  to  reduce  independent  districts  to  less  than  four  sections  except  in 
special  cases.  See  chapter  133,  laws  of  1878,  as  amended  by  chapter  131,  laws  of 
1880,  page  84,  S.  L.  1892. 

The  board  is  not  sure  of  securing  school  privileges  for  said  pupils  elsewhere 
without  such  transfer  of  territory,  because  it  will  require  the  concurrence  of  another 
board  which  may  absolutely  refuse.  In  any  event  the  board  of  Fieldberg  inde- 
pendent district  is  not  able  to  guarantee  school  privileges  to  these  families  elsewhere 
than  in  their  own  district,  since  the  matter  does  not  rest  wholly  in  its  own  power. 
While  the  law  does  not  as  many  suppose,  prescribe  a  maximum  distance  for  school 
travel,  yet  by  permitting  provisions  to  be  made  under  given  conditions  for  children 
to  attend  other  schools  than  their  own  when  they  live  more  than  one  and  one-half 


54  SCHOOL   LAW   DECISIONS. 

miles  from  the  latter,  it  is  evident  that  the  legislature  regarded  this  distance  about 
as  far  as  a  cniid  should  travel  to  reach  school. 

It  is  the  duty  of  the  board  to  furnish  reasonable  facilities  in  its  own  district  for 
all  the  children  thereof.  Even  a  minority  of  only  five  families  has  rights  and  claims 
which  may  not  be  ignored.  To  give  a  majority  of  the  district  located  in  a  village 
convenient  school  privileges  by  practically  cutting  off  others  entirely  from  any 
privileges  of  education,  we  believe  after  long  and  careful  study  to  be  an  abuse  of 
discretion  sufficient  to  warrant  reversing  a  board  taking  such  action.  The  distance 
these  families  will  be  compelled  to  travel  to  school  will  be  such  as  largely  to  deprive 
them  of  their  just  rights  in  the  matter  of  enjoying  school  accommodations. 

We  are  aware  that  this  department  has  ever  stood  for  sustaining  the  discretion- 
ary acts  of  a  board.  In  this  case,  however,  we  believe  that  abuse  of  discretion 
has  been  fairly  proven  by  the  appellants.  Doubtless  the  board  had  not  fully  consid- 
ered the  fact  that  rights  of  appellants  could  not  be  so  ignored  in  the  effort  to 
improve  the  school  conveniences  of  other  parts  of  the  district,  or  did  not  consiJer 
that  providing  school  privileges  for  appellants  in  some  other  district  is  hed^^ed 
about  with  such  complications  and  uncertainties.  The  case  is  d  fferent  from  what 
it  would  be  had  theirs  been  a  district  township  instead  of  an  independent  district. 
In  the  former  case  the  matter  would  be  much  more  in  its  own  hands.  It  could 
rearrange  boundaries  to  accommodate  those  at  too  great  a  distance  from  the  new 
site,  a  matter  which  the  board  in  the  present  case  cannot  do.  If  it  was  satisfac- 
torily established  that  said  families  had  been  or  could  and  would  be  permanently 
provided  with  better  school  facilities  elsewhere  such  accommodations  being  annually 
dependent  upon  conditions  in  the  district  in  which  they  might  desire  to  attend, 
especially  in  the  disposition  of  each  new  board,  it  would  have  been  a  comparatively 
clear  case  for  affirming  the  action  of  both  board  and  county  superintendent. 
Because  the  distance  of  five  families  is  to  our  mind  needlessly  increased  and  their 
school  privileges  nearly  cut  off  and  because  there  is  no  proof  that  another  schDol 
is  nearer,  with  provision  that  they  could  attend  such  school,  if  there  is  one,  and  it 
seeming  quite  doubtful  whether  such  provision  can  be  made  at  all,  we  feel  thnt 
the  interests  of  said  families  should  be  protected.  We  have  no  reason  to  question 
the  intentions  of  any  parties  connected  herewith.  We  simply  state  that  in  our 
opinion  the  board  did  not  consider  the  difficulties  in  the  matter  of  providing  school 
facilities  for  the  five  most  distant  families. 

The  decision  of  the  superintendent  is  Reversed. 

J.  B.   KNOEPFLER, 

August  14,  1893.  Superintendent  of  Public  Instruction, 


Bradford  Ingraham  v.  District  Township  of  Hartford. 

Appeal  from  loiva  County . 

SCHOOLHOUSB  SiTH.     It  is  not  the  province  of  an  appeal  to  determine  which  of 
two  sites  is  the  better. 

Testimony.     If  selfish  or  other  iitiproper  motives  are  complained  of,  the  testimony 
must  show  such  facts  conclusively. 

The  history  of  this  case  is  brief.  March  20,  1893,  the  new  township  board  having 
then  just  organized,  on  motion  appointed  a  committee  of  three  to  relocate  the  site 
of  schoolhouse  in  subdistrict  number  eight,  said  site  to  be  near  the  geographical 
center  of  said  subdistrict.  On  the  twentieth  of  May,  at  a  special  called  meeting, 
it  was  moved  to  reconsider  the  motion  to  relocate  the  schoolhouse  in  subdistrict 
number  eight,  which  motion  was  carried.  By  another  motion  the  commitiee 
appointed  at  the  former  meeting  was  discharged.  It  is  from  this  action  of  the 
board  on  May  20th  that  Bradford  Ingraham  appealed  to  the  county  superintendent 


SCHOOL   LAW  DECISIONS.  55 

and  from  the  latter's  decision  affirming  the  action  of  the  board,  to  the  superin- 
tendent of  public  instruction. 

In  his  affidavit,  Mr.  Ingraham  alleges  that  the  board  was  influenced  by  selfish 
motives  and  further  alleges  in  effect  that  the  board  abused  its  discretionary 
powers.  The  abuse  of  discretion,  if  such  it  is,  consisted  in  the  unequal  distance 
of  travel  from  the  different  parts  of  the  subdistrict  to  the  schoolhouse.  A  care- 
fui  reading  of  the  case  as  filed  in  the  transcript,  fails  to  disclose  any  selfish  or 
improper  motives  on  the  part  of  the  board,  and  we  dismiss  this  charge  without 
further  comment. 

Counsel  for  appellant  discusses  at  some  length  the  effect  of  a  vote  to  recon- 
sider, and  then  not  reconsidering,  not  voting  on  the  former  motion.  It  is  claimed 
that  the  board  merely  voted  to  reconsider  former  motion  to  relocate,  and  that  no 
further  action  being  then  taken,  the  motion  to  relocate  remained  before  the  board 
until  it  should  be  acted  upon  one  way  or  the  other ,  or  that  not  being  taken  up  within 
a  month,  it  was  terminated,  leaving  the  previous  action  thereon  in  force. 
Counsel  for  appellees  claims  if  the  first  be  true,  then  the  case  should  have  been 
dismissed,  as  no  action  had  been  taken  from  which  to  appeal. 

Technically  the  vote  to  reconsider  the  former  motion  placed  said  motion  before 
the  board  again,  as  if  it  had  not  been  voted  on,  and  left  it  ready  for  debate  and 
adoption  or  rejection  But  it  is  clear  that  the  board  intended  to  rescind  its  former 
action  and  evidently  understood  the  word  reconsider  in  the  sense  of  rescinding. 
It  is  quite  a  common  misapplication  of  the  word.  That  this  was  the  intention  is 
the  more  conclusive,  when  we  note  the  subsequent  vote  of  the  board  in  discharg- 
ing its  committee. 

In  providing  for  appeals  before  the  county  and  state  superintendent,  it  was 
the  manifest  purpose  of  the  lawmakers  to  afford  a  speedy,  inexpensive  remedy, 
stripped  ot  undue  technicalities,  for  certain  classes  of  grievance.  Holding  this 
view,  we  must  recognize  the  intent  of  the  board,  rather  than  what  it  did  under  a 
technical  construction  of  language.  Apparently  the  board  itself  made  the  relo- 
cation and  appointed  a  committee  chiefly  to  arrange  the  details  and  see  to  the 
removal  of  the  schoolhouse.  At  the  May  meeting  no  action  was  taken  by  the 
board  on  the  report  or  statement  made  by  the  committee.  The  resolution  of  the 
board  at  the  March  meeting  located  the  site  about  eighty  rods  east  of  the  old 
site.  The  rescinding  of  this  amounted  to  a  new  location  or  to  undoing  the  former 
action,  a  thing  they  clearly  had  a  right  to  do.  Members  of  the  board  had 
changed  their  views. 

No  evidence  is  introduced  to  show  that  either  site  is  in  itself  unsuitable.  It  is 
merely  a  question  of  distance.  It  is  a  question  of  moving  the  schoolhouse  away 
from  some  and  nearer  to  others  Neither  site  would  seriously  discommode  any 
one  according  to  the  plat  sent  up  with  the  transcript.  It  is  in  evidence  that  only 
one  more  pupil  would  be  better  accommodated  at  the  new  site  than  at  the  old. 
It  is  not  the  province  of  this  department,  nor  of  the  county  superintendent,  to 
determine  which  of  the  two  sites  is  the  better.  An  appellate  tribunal  in  such  cases 
may  determine  only  whether  the  board  has  chosen  a  grossly  unsuitable  or  unjust 
and  unfair  site.  If  so  the  board  should  be  reversed.  If  not,  it  should  be  sus- 
tained, even  though  a  better  site  could  be  found. 

In  the  present  instance,  no  gross  injustice  is  done,  no  manifest  error  committed. 
In  fact  both  sites  are  go  3d,  and  we  should  be  compelled  to  sustain  the  board  on 
appeal  in  the  selection  of  either  the  present  or  new  site.  We  hold  that  the 
county  superintendent  committed  no  error  in  affirming  the  action  of  the  board 
when  it  practically  rescinded  its  former  motion  for  relocation  and  chose  to  keep 
the  old  site.     His  decision  is  therefore  Affirmed. 

J.  B.  KNOEPFLER, 

December  21,  1893.  Superintendent  of  Public  hiUruciion . 


56  SCHOOL   LAW   DECISIONS. 

W.  S.  Kknworthy  et  al.  v.  Indhpbndent  District  of  Oskaloosa.. 
Appeal  from  Mahaska  County *. 

Discretionary  Acts.     The  order  of  a  board  should  be  reversed  only  upon  tha 
plain  showing  that  the  law  has  been  violated  or  discretion  grossly  abused. 

Board  of  Directors.     Has  full  power  to  provide  and  enforce  a  course  of  study. 

Rules  and  Regulations.     The  burden  of  proof  is  with  the  appellant  to  show 
that  a  rule  is  unreasonable. 

The  history  of  the  case  is  this.  The  board  has  a  regulation  that  all  pupils 
shall  provide  themselves  with  text-books  suitable  to  their  grade,  and  that  failing 
to  do  this  they  shall  be  suspended  until  they  comply  with  the  rule. 

The  children  of  the  appellants  were  under  this  rule  suspended  from  school  for 
not  being  provided  with  the  music  books  in  use  in  said  schools.  The  parents 
appealed  from  the  ruling  of  the  board  to  the  county  superintendent  who  reversed 
the  action  of  'h  ^  board,  and  the  board  appeals. 

It  is  an  estaoiished  rule  that  the  action  of  a  school  board  should  be  reversed 
only  upon  the  showing  that  it  has  abused  its  discretion  or  violated  the  law.  In 
this  case  the  county  superintendent  avers  that  it  violated  the  law  in  that  it  did 
not  advertise  for  bids  as  required  by  section  5  of  chapter  24,  Laws  of  1890,  before 
the  music  books  were  adopted. 

There  is  nothing  in  the  transcript  to  show  that  it  was  acting  under  the  pro- 
visions of  this  chapter,  which  it  could  not  do  unless  so  instructed  by  the  electors 
of  the  district.  See  section  12  of  said  chapter.  So  much  of  the  county  superin- 
tendent's decision  as  refers  to  this  may  then  be  dismissed  from  the  case. 

It  is  further  claimed  that  it  abused  its  discretion  by  adopting  an  unreasonable 
rule.     This  is  the  real  question  at  issue. 

With  their  power  to  establish  and  maintain  graded  schools,  all  boards  are 
invested  with  the  authority  to  prescribe  a  course  of  study  in  the  different  branches 
to  be  taught.  It  is  not  our  province  to  determine  what  the  courts  might  hold  in 
this  case.  They  have  held  that  in  case  a  pupil  refuses  to  conform  to  a  course  of 
study  as  prescribed  by  the  board,  the  proper  remedy  is  suspension  and  not  cor- 
poral punishment.  See  50  Iowa,  145.  They  have  also  held  that  a  rule  suspend- 
ing a  pupil  for  a  certain  number  of  absences  or  tardinesses  is  reasonable,  and 
may  be  enforced.  See  31  Iowa,  562.  It  is  true  that  they  also  have  held  that  a 
pupil  may  be  suspended  only  for  gross  immorality  or  persistent  violation  of  rea- 
sonable rules.     See  56  Iowa,  476. 

In  this  case  it  is  nowhere  shown  that  the  children  would  in  any  way  be  injured 
by  the  study  of  music,  or  that  their  health  or  well  being  demanded  that  they 
should  be  excused  from  the  study  in  question. 

There  is  fair  ground  for  considering  the  refusal  to  purchase  the  books  as  a 
failure  to  comply  with  a  reasonable  regulation  of  the  board .  The  rule  of  the 
board  was  made  so  as  to  bear  with  equal  force  upon  all  the  pupils  in  the  school. 
And  in  order  to  make  it  as  little  oppressive  as  possible  it  offered  the  books  at  the 
least  expense  possible,  and  that  none  might  be  deprived  of  the  benefits  of  the 
study  the  board  authorized  the  teachers  to  loan  the  text-book  in  music  without 
charge  to  children  whose  parents  were  in  indigent  circumstances. 

The  law  has  invested  boards  with  very  large  discretionary  powers,  under 
which  they  may  grade  the  schools  and  establish  such  regulations  as  may  seem  to 
them  best  for  the  interest  of  the  entire  school.  The  burden  of  proof  in  this  case 
was  with  the  appellants  to  show  that  the  rule  is  unreasonable,  or  that  in  obeying 
it  their  children  would  suffer  some  hardship.  This  we  think  they  have  failed  to 
do,  and  the  decision  of  the  county  superintendent  is  therefore  Reversed. 

HENRY    SABIN, 

Februarv  12,  1894.  Superintendent  of  Public  Instruction- 


SCHOOL   LAW   DECISIONS.  57 

Ella  Benson  and  Belle  Robertson  v.    Dist.  Twp.  of  Silver  Lake. 
Appeal  from  Dickinson  County. 

Contract.     It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity  of 
a  contract. 

County  Superintendent.     Does  not  have  the  power  to  interpret  the  legal  value 
of  a  contract. 

This  case  turns  upon  the  construction  to  be  given  to  a  contract.  The  validity 
of  the  contracts  in  the  sense  claimed  by  the  appellants  is  questioned  and  denied 
by  the  board .  The  teachers  assert  that  said  contracts  are  of  full  force  for  the 
nine  school  months  named  in  the  contracts,  and  the  board  contends  that  no 
authority  was  granted  by  it  to  any  one  to  contract  for  more  than  six  months,  and 
that  therefore  the  contracts  can  have  no  force  beyond  the  term  of  six  months.  It 
is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity  of  a  contract.  In 
the  trial  of  an  appeal  as  soon  as  it  becomes  clearly  apparent  that  the  principal 
issue  is  of  a  kind  intended  by  our  statutes  to  be  heard  and  determined  only  by  the 
courts  of  law,  the  appeal  should  be  dismissed.  As  the  real  matter  to  be  decided 
in  this  case  is  what  the  contracts  actually  are  and  what  force  must  be  given  to 
their  essential  conditions,  it  follows  that  the  county  superintendent  did  not  err  in 
dismissing  the  appeal  for  want  of  jurisdiction. 

This  case  is  not  parallel  with  Kirkpatrick  v.  The  Independent  District,  etc. ,  53 
Iowa,  585,  in  which  it  is  held  that  the  remedy  of  a  teacher  wrongfully  discharged 
is  appeal,  and  not  an  action  at  once  in  the  courts  to  recover  compensation ,  In 
the  present  case  the  board  did  make  an  order  discharging  these  two  teachers,  but 
it  is  clearly  apparent  that  the  county  superintendent  could  not  review  that  order 
of  the  board  without  proceeding  upon  the  assumption  that  the  contracts  had  force 
and  validity,  and  he  did  not  have  the  power  to  interpret  the  legal  value  of  the  con- 
tract. We  are  compelled  to  find  that  the  only  remedy  of  the  appellants  is  an 
action  in  a  court  of  law.  The  decision  of  the  county  superintendent  is  affirmed 
and  the  case  Dismissed. 

HENRY  SARIN, 

August  11,  1894.  Superintendent  of  Public  Instruction. 


Samuel  Fallon  v.  Independent  District  of  Fort  Dodge, 

Appeal  from  Webster  County. 

Attendance.     An  actual  resident  may  not   be  denied  equal  school   advantages 
with  other  residents. 

Board  of  Directors.     May  adopt  its  own  course  to  decide  the  question  of  actual 
residence. 

Tuition.     Failing  to  substantiate  a  claim  to  residence,  a  non-resident  may  attend 
school  only  upon  such  terms  as  the  board  deems  just  and  equitable. 

In  this  case  the  two  sons  of  the  appellant,  aged  nineteen  and  sixteen  years, 
were  refused  admission  to  the  schools  unless  they  would  pay  tuition.  They 
claimed  to  be  residents  of  the  district  and  that  they  were  entitled  to  the  same 
privileges  as  other  residents.  Being  denied  admission  they  appealed  to  the 
county  superintendent,  who  affirmed  the  order  of  the  board. 

The  entire  case  turns  upon  the  fact  of  the  residence  of  the  children.  If  a 
board  concludes  that  a  child  is  an  actual  resident,  it  cannot  deny  him  equal  school 
advantages  with  other  residents.  But  if  it  cannot  be  satisfied  that  an  applicant  is 
an  actual  resident,  then  it  is  its  duty  to  make  the  same  requirements  that  arc 
demanded  of  other  scholars  who  may  be  sojourning  temporarily  in  the  district. 

It  will  be  of  interest  to  inquire  as  to  who  may  decida  definitely  the  question  of 


58  SCHOOL  LAW  DECISIONS. 

residence,  and  as  to  the  manner  in  which  the  matter  should  be  considered.  In 
view  of  the  fact  that  the  matter  has  given  a  great  deal  of  trouble  in  a  number  of 
districts,  this  department  has  had  occasion  frequently  to  submit  questions  involv- 
ing some  phases  of  the  subject  to  the  attorney-general  for  his  official  opinion.  In 
one  of  these  opinions  he  uses  the  following  language,  which  we  think  is  quite 
applicable  in  this  present  case: 

* '  It  may  be  said  that  it  is  nowhere  provided  in  the  law  what  course  the  board 
of  directors  shall  pursue  in  determining  whether  a  pupil  is  a  resident  of  the  dis- 
trict, nor  is  the  board  directed  as  to  the  kind  of  evidence  that  shall  be  produced, 
nor  as  to  the  manner  Qf  producing  it  in  determining  such  question.  In  the  absence 
of  such  a  provision  directing  the  board  as  to  its  course  of  proceeding  in  such  cases, 
1  think  that  body  may  adopt  any  course  it  sees  fit  and  take  any  kind  of  evidence  it 
chooses  in  deciding  this  question  of  residence.  I  think  it  may  make  such  decision 
from  its  own  knowledge  of  facts;  from  the  observations  of  the  members;  from  the 
statements,  sworn  or  unsworn,  of  parties  who  have  knowledge  of  the  facts,  or  from 
any  other  fair  and  impartial  method  of  obtaining  information  bearing  upon  the 
point  at  issue.  I  do  not  think  the  board  has  power  to  compel  the  attendance  of 
witnesses,  or  to  administer  oaths  to  them;  but  in  gathering  its  information  and  in 
deciding  the  question ,  it  must  act  in  entire  good  faith  and  with  a  view  to  getting 
the  exact  truth  and  making  its  decision  according  to  the  very  right  of  the  matter." 

It  is  in  evidence  that  the  board  in  this  case  acted  with  deliberation,  and  it  is 
not  claimed  that  it  failed  to  receive  any  testimony  or  statements  that  would  tend 
to  make  a  final  determination  of  the  matter  by  it  any  more  clear  or  conclusive.  In 
reviewing  its  decision  on  appeal  the  county  superintendent  was  unable  to  find  that 
it  had  abused  its  discretion,  had  acted  without  the  fullest  information  within  its 
reach,  or  had  arrived  at  any  other  than  an  equitable  conclusion. 

This  department  has  continuously  held,  in  interpreting  section  1794,  that  the 
board  is  to  be  satisfied  that  the  residence  of  the  scholar  is  actual.  The  burden  of 
proof  rests  upon  the  child  who  has  recently  come  into  the  district,  to  establish 
the  fact  of  residence,  before  he  can  be  admitted  to  school  privileges  free  of  tuition. 
Failing  to  convince  the  board  and  to  substantiate  his  claim  of  residence,  he  can 
attend  only  upon  such  terms  as  the  board  may  deem  just  and  equitable. 

In  this  case  we  do  not  find  that  the  county  superintendent  erred  in  affirming 
the  order  of  the  board  requiring  the  children  of  Mr.  Fallon  to  pay  tuition  as  an 
essential  condition  to  attendance.     His  decision  is  therefore  Affirmed. 

HENRY    SABIN, 

September  1,  1894.  Superintendent  of  Public  Instruction. 


G.  O.  RoGNESS  V.  District   Township  of  Glhnwood. 

Appeal  from  Winneshiek  County. 
Appeal.     Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record. 

Appeal.     May  be  taken  from  the  action  of  the  board  in  laying  the  subject-matter 
of  a  petition  on  the  table. 

It  appears  that  at  a  meeting  of  the  board,  held  September  17,  1894,  Geo.  O. 
Ro^ness  presented  a  petition  asking  that  the  board  redistrict  said  township,  and 
also  that  an  extra  school  be  kept  for  four  months  in  a  certain  school  building, 
situated  on  the  farm  of  E.  Bolson.  By  vote  of  the  board  said  petition  was  laid  on 
the  table.  An  appeal  was  taken  to  the  county  superintendent,  who  dismissed  the 
same  on  the  ground  that  no  action  was  taken  by  the  board  which  could  furnish 
the  basis  of  an  appeal.  The  case  comes  now  on  appeal  before  the  superintendent 
of  public  instruction. 

The  only  point  to  b3  decided  is  whether  an  appeal  may  be  taken  from  a  vote 


SCHOOL  LAW  DECISIONS.  59 

to  lay  on  the  table.  The  words  of  the  law  in  section  1829  are  that  any  person 
aggrieved  by  any  order  or  decision  of  the  board  may  appeal.  The  transcript  sent 
up  by  the  secretary  in  this  case  reads:  ' '  Moved  and  carried  that  the  bill  (peti- 
tion^ of  G.  Rogness  be  laid  on  the  table."  It  must  be  held  that  this  constitutes 
an  action  on  the  part  of  the  board.  The  motion  to  lay  on  the  table  was  made, 
was  voted  upon,  was  declared  carried,  and  is  so  recorded  upon  the  secretary's 
book.  The  above  conclusion  is  in  accord  with  the  unvarying  opinion  of  this 
department  for  a  long  number  of  years. 

It  is  to  be  noted  that  in  the  case  cited  by  counsel  for  the  side  of  the  district,  in 
71  Iowa,  page  634,  the  supreme  court  does  not  attempt  to  decide  what  constitutes 
an  action.  It  refers  to  cases  in  which  the  board  purposely  intend,  by  neglect  or 
refusal,  to  avoid  taking  an  action  or  making  an  order  or  decision.  In  the  case 
we  are  now  deciding,  the  board  made  an  order,  which  the  secretary  recorded  in 
the  minutes,  ' '  that  the  petition  be  laid  upon  the  table."  The  decision  of  Super- 
intendent Abernethy  (see  S.  L.  Dec.  1892,  page  62),  that  the  motion  to  lay  on 
the  table  ' '  furnishes  a  convenient  method  of  disposing  of  the  matter,"  appears  to 
be  to  the  point.  The  right  of  the  board  to  make  such  a  disposition  of  a  case  can- 
not be  questioned,  but  it  must  be  regarded  as  an  action  subject,  like  any  other 
action,  to  appeal. 

After  studying  up  carefully  the  precedents  as  established  by  the  rulings  of  this 
department,  and  reading  with  equal  care  the  cases  cited  by  counsel,  we  can 
arrive  at  no  other  conclusion.  The  case  is  reversed,  with  the  suggestion  to  the 
superintendent  that  he  remand  the  case,  in  order  that  the  board  may  take  such 
furcher  action  as  may  seem  fair  and  just  to  all  concerned.  Reversed. 

HENRY   SARIN, 

January  11,  1895.  Superintendent  of  Public  Instruction. 


Mary  Grey  v.  Independent  District  of  Boyle. 

Appeal  from  Iowa  County. 

Board  of  Directors.     In  locating  a  site  the  board  acts  wisely  in  taking  into 
consideration  the  prevailing  sentiment  of  the  people. 

County  Superintendent.      Should  reverse  the  action  of   the  board  only  upon 
the  clearest  and  most  explicit  proof  of  abuse  of  discretion. 

The  history  of  this  case  is  not  different  from  that  of  many  others.  The  school- 
house  of  the  district  is  unfit  for  use,  and  the  electors  voted  bonds  to  build  a  new 
one .  By  a  vote  very  nearly  unanimous  they  directed  the  board  to  locate  the  new 
house  on  a  site  160  rods  east  of  the  present  site.  While  we  do  not  hold  that  this 
vote  was  binding  upon  the  board,  it  showed  at  least  the  prevailing  sentiment  of 
the  district,  and  the  board  acted  wisely  in  taking  it  into  consideration,  in  selecting 
a  new  location.     See  also  case  on  page  75,  S.  L.  Dec.  1892. 

As  it  was  not  able  to  purchase  a  site  desired  by  the  electors,  the  board  chose 
one  30  rods  farther  west.  From  this  action  Mrs.  Mary  Grey  appealed.  The 
county  superintendent  reversed  the  order  of  the  board  and  appeal  is  taken  to  the 
superintendent  of  public  instruction.  The  transcript  as  sent  up  with  the  case 
reveals  no  new  point  of  law  to  be  considered.  The  proceedings  of  the  board  were 
regular  and  in  accordance  with  the  law.  The  evidence  nowhere  shows  any  pas- 
sion, prejudice,  or  malice,  on  the  part  of  the  board.  The  responsibility  of 
selecting  the  site  rests  with  the  board,  that  body  having  original  jurisdiction. 
See  also  case  on  page  138,  S.  L.  Dec.  1892.  The  county  superintendent  having 
only  appellate  jurisdiction  should  reverse  its  action  only  upon  the  clearest  and 
most  explicit  proof  of  abuse  of  discretion.  Reference  is  here  made  to  the  case  of 
Edwards  V.  Dist.  Twp.  of  West  Point,  page  22,  S.  L.  Dec.  1892,  as  presenting 
a  very  conclusive  discussion  of  the  principles  involved. 


60  SCHOOL  LAW  DECISIONS. 

While  we  always  regret  to  be  compelled  to  disturb  the  decision  of  a  county 
superintendent,  and  concede  that  in  this  particular  case  the  county  superintendent 
was  actuated  only  by  the  best  motives,  we  cannot  find  any  such  satisfactory  proof 
that  the  board  erred,  as  would  warrant  the  county  superintendent  in  reversing  its 
action.     The  decision  of  the  county  superintendent  is  Reversed. 

HENRY  SABIN, 

August  26,  1895.  Superintendent  of  Public  Instruction. 


Mary  Gregory  v.  W.  A.  McCorp,  Co.  Supt. 

Appeal  from  Polk  County. 

County  Superintendent.  Unless  a  marked  abuse  of  discretionary  power  is 
clearly  and  conclusively  proved,  his  action  in  refusing  or  revoking  a  certificate 
will  not  be  interferred  with  on  appeal. 

Section  1767  provides  that  if  the  county  superintendent  is  satisfied  that  an 
applicant  possesses  the  requisite  knowledge  of  the  branches  specified  in  section 
1766,  and  a  good  moral  character,  together  with  the  essential  qualifications  for 
governing  and  instructing  children  and  youth,  then  said  county  superintendent 
shall  grant  a  certificate  to  teach  in  the  schools  of  his  county,  for  a  time  not  to 
exceed  one  year.  If  he  is  not  satisfied  that  the  candidate  is  adequately  qualified 
in  every  one  of  these  particulars,  then  the  certificate  may  be  denied. 

Section  1771  provides  that  the  county  superintendent  may  revoke  a  certificate 
for  any  reason  which  would  have  justified  the  withholding  thereof  when  the  same 
was  given,  provided  that  there  shall  be  an  investigation,  of  which  the  teacher 
shall  have  personal  knowledge  and  be  permitted  to  be  present  and  make  defense. 

It  must  be  left  entirely  to  the  judgment  of  the  county  superintendent  to 
determine  what  are  the  essential  qualifications  for  governing  and  instructing 
children  and  youth.  No  court  will  attempt  to  control  his  discretion  in  this  mat- 
ter. He  may  conclude  that  the  teacher  fails  through  laziness,  moroseness  of 
temper,  want  of  self-control,  or  by  reason  of  some  marked  physical  defect  con- 
cealed at  the  time  of  examination,  or  any  one  of  many  other  points,  without  in  the 
least  impeaching  the  moral  character  of  the  teacher,  or  his  technical  knowledge 
of  the  branches  to  be  taught. 

We  are  compelled  to  hold  that  the  county  superintendent  had  full  and  com- 
plete jurisdiction  of  the  case  at  bar. 

The  law  provides  that  the  teacher  shall  have  the  fullest  opportunity  to  make 
his  defense.  The  county  superintendent  was  occupied  nine  days  in  trying  this 
case.  There  can  be  no  doubt  that  this  provision  of  the  law  was  complied  with  in 
every  particular. 

The  only  other  point  to  be  determined  concerns  the  abuse  of  discretion  on  the 
part  of  the  county  superintendent.  A  careful  review  of  all  the  papers  sent  up  in 
-the  transcript  fails  to  show  any  passion,  prejudice  or  malice  on  his  part.  We 
find  that  the  proceedings  were  regular  and  in  accordance  with  the  law. 

The  counsel  for  Mary  Gregory  submits  a  large  number  of  errors  on  the  part  of 
the  county  superintendent,  but  we  cannot  find  that  any  one  of  them  is  vital  to  the 
case.  The  ralings  made  by  the  county  superintendent  have  no  material  effect  on 
the  final  decision  of  the  case,  and  the  exceptions  of  the  plaintiff  are  passed  over. 
Special  reference  is  made  to  the  case  of  Dougherty  v.  Tracy,  page  17,  S.  L.  Dec. 
1892,  in  which  this  whole  subject  is  thoroughly  and  fully  discussed  by  one  of  the 
ablest  men  who  ever  occupied  this  office. 

The  same  discretion  which  the  county  superintendent  has  in  issuing  a  certifi- 
cate, he  possesses  in  revoking  it.  The  supreme  court  has  held  that  it  cannot 
control  such  discretion,  or  substitute  its  own  judgment  for  that  of  the  officer. 
See  52  Iowa,  111.  It  is  not  for  us  to  say  that  Mary  Gregory  is  or  is  not  a  fit  ptrson 


SCHOOL  LAW  DECISIONS.  ^^^ 

to  teach  in  the  schools  of  Polk  county.  The  law  vests  that  right  in  the  discre- 
tionary power  of  the  county  superintendent,  and  he  must  assume  the  responsi- 
bility. Unless  a  marked  abuse  of  his  discretionary  power  is  clearly  and  conclu- 
sively proved,  his  action  in  refusing  or  revoking  a  certificate  will  not  be  interfered 
with  on  appeal      See  Walker  v.  Crawford,  page  115,  S.  L.  Dec.  1892. 

After  a  careful  consideration  of  all  the  points  involved,  W3  find  no  reason  t> 
warrant  reversing  the  action  of  the  superintendent.  APFiRMdiD. 

HENRY  SABIN, 

September  26,  1895.  Superintendent  of  Public  Instruction. 


E.  E.  Amsden  v.  Independent  District  of  Macedonia. 
Appeal  from  Pottaiuattamie  County. 

Affidavit.  The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  one  interested. 

Affidavit.     Must  be  accepted,  if  sufficient  to  give  the  appellant  a  standing. 

Appeal  Mere  technical  objections  should  not  prevent  the  fullest  presentation  of 
the  merits  of  the  case,  in  the  trial  of  an  appeal. 

Testimony.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presen  ation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

There  are  certain  facts  in  this  case  concerning  which  there  is  no  disagreement. 
The  board  of  directors  contracted  on  the  twenty-sixth  day  of  March,  1895,  with  E. 
E.  Amsden,  to  teach  upon  terms  clearly  set  forth  in  the  contract  as  signed  by 
both  parties.  Concerning  the  validity  of  this  contract  there  is  no  doubt 
expressed. 

Upon  the  fifth  day  of  July  the  said  Amsden  had  a  hearing  before  the  board, 
upon  definite  and  well  specified  charges.  He  was  duly  notified  of  these  charges, 
was  present  both  himself  and  by  counsel  at  the  time  of  trial,  and  was  allowed  to 
make  his  defense.  The  board  took  time  for  deliberation,  and  finally  on  the 
eighth  day  of  July,  made  an  order  annulling  the  contract,  and  in  effect  discharg- 
ing the  teacher.  From  this  decision  Mr.  Amsden  appealed  to  the  county  super- 
intendent, who  on  the  third  day  of  September,  rendered  a  decision  dismissing 
the  case  on  account  of  the  legal  insufficiency  of  the  affidavit. 

There  are  only  two  questions  involved.  Was  the  original  affidavit  sufficient  to 
enable  the  county  superintendent  to  assume  jurisdiction  of  the  case?  And  could 
the  affidavit  be  amended  at  the  time  of  trial? 

It  must  be  held  that  the  lapse  of  thirty  days  from  the  making  of  the  order 
sought  to  be  appealed  from  does  not  affect  in  any  way  the  right  of  the  appellant 
to  amend  his  original  affidavit.  If  he  offered  his  amendment  at  the  time  of 
trial,  he  complied  with  the  usual  practice.  Whether  the  amendment  should  be 
admitted  depends  upon  its  nature.  If  it  set  up  a  new  and  distinct  issue,  one  not 
invjlved  in  any  way  in  the  original  affidavit,  then  the  county  superintendent 
should  refuse  to  allow  the  amendment  to  be  made.  See  case  on  page  141  in  S.  L. 
Dec.  1884.  An  amendment  is,  however,  admissible  when  it  tends  to  correct 
mistakes  or  to  make  clearer  or  more  explicit  the  charges  contained  in  th3  original 
affidavit.  See  case  on  page  25,  S.  L.  Dec.  1892.  In  the  case  at  bar  tho 
amended  affidavit  introduces  no  new  issue  and  does  not  in  any  way  prejudice 
the  rights  of  any  person.  We  think  the  county  superintendent  committed  error 
in  refusing  to  admit  the  amendment. 

Now  as  to  the  original  affidavit.  We  do  not  understand  what  is  meant  by  the 
term  le,^al  insufficiency.  It  is  to  be  remembered  that  no  very  definite  rules  have 
been  or  can  bj  adopted  for  the  trial  of    casjs  before    the   county   superintendent. 


62  SCHOOL  LAW  DECISIONS. 

This  department  has  always  held  that  the  system  of  appeals  was  intended  as  a 
speedy  and  inexpensive  method  of  adjusting  school  difficulties.  See  case  on  page 
25,  S.  L.  Dec.  1892.  The  supreme  court  has  held  that  it  "is  abundantly 
manifest  that  the  legislature  designed  to  afford  an  inexpensive  and  summary  way 
of  disposing  of  these  cases."  See  68  Iowa,  161.  Mere  technicalities  cannot  be 
allowed  to  intervene  to  defeat  the  ends  for  which  the  system  of  appeals  was  insti- 
tuted. 

The  appellant  sets  forth  in  his  affidavit  that  the  board  acted  through  passion 
and  prejudice,  and  that  he  did  not  have  the  fair  and  impartial  trial  guaranteed  to 
him  by  section  1734  On  these  as  well  as  on  other  grievances  set  forth  in  the 
affidavit,  the  apppellant  has  the  right  to  be  heard  before  the  county  superinten- 
dent, to  introduce  testimony,  and  to  be  heard  by  himself  or  his  counsel. 

The  law  makes  it  obligatory  upon  the  county  superintendent  to  hear  such  a 
case,  to  weigh  carefully  and  without  prejudice  the  evidence  and  the  arguments, 
and  to  render  his  decision  in  accordance  with  his  judgment.  This  is  the  more 
important  in  such  cases,  because  the  teacher  has  no  other  remedy  in  law  of  which 
he  can  avail  himself.  Through  some  informality  which  does  not  in  any  way 
affect  the  issues  in  the  case,  he  should  not  be  deprived  of  his  right  of  appeal. 

We  say  nothing  of  the  merits  of  this  case.  We  know  nothing  of  them.  We 
believe  the  affidavit  of  appeal  was  sufficient  to  give  the  appellant  a  standing 
before  the  county  superintendent,  and  that  is  the  only  point  upon  which  we  are 
called  to  pass. 

The  case  is  remanded  to  the  county  superintendent,  with  directions  to  fix  a 
time  of  hearing  the  same  within  fifteen  days  from  the  date  of  this  decision,  and  to 
notify  all  concerned,  that  they  may  be  present.  Reversed  and  Remanded. 

HENRY  SARIN, 

November  21,  1895.  Superintendent  of  Public  Instruction. 


D.  C.  McKee  v.  District  Township  of  Grove. 

Ai>peal  from  Humboldt  County. 

Subdistrict  Boundaries.  When  an  action  has  been  reversed  by  the  county 
superintendent,  and  that  decision  affirmed  by  the  supermtendent  of  public 
instruction,  the  board  cannot  act  again  until  a  material  change  has  taken  place. 

ScHOOLHOUSE  SiTE.     When  purchased  need  not  necessarily  be  upon  a  highway. 

Discretionary  Acts.  An  appellate  tribunal  is  not  to  decide  mainly  whether 
the  action  complained  of  was  wise,  or  the  best  that  might  have  been  taken,  but 
simply  whether  a  reversal  is  required  by  the  evidence. 

In  this  case  the  board  on  September  16,  1895,  made  two  orders.  By  the  first  of 
these  it  divided  subdistrict  number  seven  in  said  township  into  two  subdistricts,  to 
be  known  as  number  seven  and  number  nine,  and  established  the  boundary  line 
between  them.  By  the  second  action  it  ordered  the  removal  of  the  schoolhouse, 
now  located  on  section  34,  township  92  north,  range  28  west,  removed  and  located 
on  section  33,  township  92  north,  range  28  west,  on  the  Sherman  and  Dakota 
road,  and  authorized  the  president  to  draw  an  order  for  the  payment  of  the  same 
on  report  of  the  committee. 

From  these  two  actions,  D.  C.  McKee  appealed  to  the  county  superintendent, 
who  reversed  both  actions  of  the  board  and  relocated  the  schoolhouse  on  the  old 
site.  From  the  order  removing  the  schoolhouse  D.  C.  McKee  takes  an  appeal  to 
the  superintendent  of  public  instruction.  The  former  action  of  the  board  divid- 
ing the  subdistrict  and  reversed  by  the  county  superintendent  is  not  in  the  case. 
This  simplifies  the  matter  and  leaves  as  the  only  point  to  bejconsidered,  the  dis- 
cretionary act  of  the  board  in  ordering  the  removal  of  the  building  to  the  new  site. 


SCHOOL  LAW  DECISIONS.  63 

The  district  as  at  present  constituted  is  four  and  one-half  miles  from  east  to 
west  in  extreme  length .     The  two  schoolhouses  stand  within  a  mile  of  each  other. 

There  are  several  points  brought  in  by  the  county  superintendent  and  in  th« 
arguments  of  the  attorneys  which  need  but  a  brief  notice.  It  appears  that  at  a 
previous  meeting  of  the  board  it  took  action  removing  the  schoolhouse  to  a  site 
near  the  present  new  site,  which  action  was  reversed  by  the  county  superinten- 
dent, and  that  there  has  been  no  material  change  in  the  district  since  that.  This 
does  not  act  as  a  bar  in  any  sense  to  the  present  proceedings.  For  a  full  discus- 
sion of  this  point  see  P.  O'Connor,  Jr.,  v.  District  TownshH>  of  Badger,  page 
108,  S.  L.  Dec.  1892. 

The  only  case  in  which  the  board  cannot  act  again  without  a  material  change 
is  when  a  former  action  has  been  reversed  by  the  county  superintendent,  and  on 
appeal  to  the  superintendent  of  public  instruction,  has  been  affirmed.  In  the 
case  at  bar  the  county  superintendent  reversed  the  action  of  the  board,  but  appeal 
was  not  taken  to  the  superintendent  of  public  instruction. 

Much  stress  has  also  been  laid  upon  the  question  whether  the  road  upon  which 
the  new  site  is  located  is  a  highway  in  the  sense  intended  by  the  law.  Section 
1826  has  reference  to  a  case  in  which  the  board  condemns  a  piece  of  land  for 
schoolhouse  purposes.  But  when  said  site  is  purchased  by  the  board  the  provisioni 
of  sections  1825-1826  do  not  apply.  See,  also,  for  a  full  discussion  of  this  point, 
case  oi  H.  D.  Fisher  v.  District  Township  of  Tipton,  page  86,  S.  L.  Dec.  1892. 

If  the  site  selected  and  purchased  should  be  inaccessible,  it  might  be  a  case  war- 
ranting the  reversing  of  the  board,  but  in  the  case  at  bar  the  site  purchased  by  the 
board  is  on  a  highway,  which  both  parties  acknowledge  has  been  traveled  more  or 
less  for  at  least  nine  years. 

This  leaves  the  only  point  for  consideration  whether  the  board  abused  its  dis- 
cretion in  ordering  the  removal  of  the  schoolhouse.  The  location  of  the  school- 
house  is  a  matter  entirely  within  the  discretionary  power  of  the  board.  Its  action 
ought  not  to  be  reversed  by  the  county  superintendent  without  the  clearest  proof 
that  it  has  acted  through  passion  or  prejudice,  or  from  some  improper  motive. 
There  is  nothing  in  this  case,  whatever,  to  show  that  the  board  was  not  endeavoring 
to  do  what  it  believed  to  be  for  the  best  interests  of  all  the  people  of  the  subdistrict. 
The  vote  in  the  board  stood  four  in  favor  of  removal  and  one  opposed. 

We  cannot  discover  that  there  are  any  reasonable  grounds  for  reversing  its  action. 
We  are  not  called  upon  to  decide  whether  it  acted  wisely  or  unwisely,  but  simply 
and  solely  whether  there  is  sufficient  evidence  to  warrant  the  county  superintendent 
in  reversing  its  action  on  the  grounds  of  abuse  of  discretion.  We  regret  very  much 
that  we  are  obliged  to  reverse  the  action  of  the  county  superintendent,  and  do  not 
doubt  that  he  acted  according  to  his  best  judgment.  We  are,  however,  compelled 
to  decide  that  the  board  did  not  in  any  way  so  abuse  its  discretion  as  to  warrant  an 
interference.  Reversed. 

HENRY  SABIN, 

February  8,  1896.  Superintendent  of  Public  Instruction, 


Hugh  McMillan  v.  District  Township  of  Waveland. 

Appeal  from  Pottawattamie  County. 

Board  of  Directors.  It  is  the  first  duty  of  a  board  to  co-operate  with  and  assist 
the  teacher  in  the  conduct  of  the  school. 

Teacher.  A  teacher  may  justly  claim  and  expect  to  receive  the  assistance  and 
advice  of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the  proper 
conduct  of  his  school. 


64  SCHOOL  LAW  DECISIONS. 

B)ARD  OF  Directors.  In  exercising  its  power  in  a  semi  judicial  capacity,  the 
board  should  be  able  to  show  the  very  best  reasons  for  its  conclusions. 

Teacher.  It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher 
that  no  one  should  be  discharged  except  after  thorough  investigation  and  the  clear- 
est proof.     If  possible,  the  teacher  should  be  shielded  from  the  stigmaof  discharge. 

After  a  trial,  conducted  in  accordance  with  law,  the  board,  by  a  vote  of  three 
to  two  in  a  board  of  nine  members,  discharged  the  teacher  for  incompetency,  in 
accordance  with  the  provisions  of  section  1734.  Hugh  McMillan  appealed  to  the 
county  superintendent,  who  reversed  the  order  of  the  board.  John  W.  Rush, 
president  of  the  board,  appeals  here. 

The  proceedings  of  the  board  in  this  case  were  entirely  regular,  and  it  is  not 
claimed  that  the  law  was  violated  by  it  in  any  particular,  as  to  its  manner  of  pro- 
ceeding. The  question  to  be  determined  by  us  is,  was  the  county  superintendent 
warranted  in  finding  that  the  board  abused  its  discretion  to  that  extent  to  require 
a  reversal  of  its  action  in  discharging  the  teacher. 

The  testimony  discloses  a  very  undesirable  condition  in  the  school  in  question, 
as  to  the  matter  of  discipline  and  the  behavior  of  the  scholars.  The  testimony 
discloses  the  fact  that  many  of  the  older  scholars,  instead  of  being  an  assistance 
to  the  teacher,  and  a  credit  to  themselves  and  their  parents,  were  insubordinate, 
disobedient  and  disrespectful  to  the  teacher.  The  testimony  also  discloses  that 
the  subdirector,  instead  of  assisting  the  teacher  in  maintaining  discipline  and 
good  order  in  the  school,  withheld  that  support  so  much  needed  by  any  teacher 
under  such  circumstances.  It  is  not  shown  nor  is  it  claimed  that  any  of  the  board 
had  visited  the  school  for  the  purpose  of  aiding  the  teacher  in  enforcing  rules  for 
its  government,  as  it  is  required  to  do  by  the  first  part  of  section  1734.  Nor  did 
the  subdirector  visit  his  school,  as  he  is  required  to  do  by  the  latter  part  of  section 
1756. 

The  testimony  in  the  case  is  to  the  effect  that  after  the  incorrigible  scholars  were 
dismissed  the  teacher  was  much  more  successful  in  his  work.  We  cannot  find 
from  the  testimony  that  the  teacher  failed  in  any  important  particular  to  attempt 
to  do  his  full  duty  by  his  school,  and  to  regard  equally  the  rights  of  every  scholar. 
Under  all  circumstances,  we  think  it  is  the  first  duty  of  any  board  to  co-operate 
with  and  assist  the  teacher  in  the  conduct  of  his  school.  This  is  the  duty  of  the 
local  subdirector  in  a  peculiar  sense,  as  he  is  in  close  relation  to  his  own  school 
and  his  teacher.  A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance 
and  advice  of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the 
proper  conduct  of  his  school.  See  case  on  page  135,  S.  L.  Dec.  1892.  It  is  often 
the  case  that  a  little  timely  assistance,  offered  at  the  right  time  and  in  the  proper 
spirit,  will  aid  a  teacher  very  materially  in  maintaining  good  order  and  discipline 
in  his  school,  and  in  preventing  many  difficulties  from  arising  which  might,  under 
a  different  course,  almost  certainly  tend  to  injure  the  efficiency  of  the  school. 

In  this  case,  two  of  the  five  members  present  at  the  trial  voted  to  discharge  the 
teacher,  two  voted  in  the  negative,  leaving  the  casting  vote  with  the  subdirector 
of  the  school,  who,  as  we  have  seen,  was  out  of  sympathy  with  the  teacher,  and 
had  failed  to  afford  his  assistance  to  a  successful  management  of  the  school. 
While  it  is  true  that  in  general  the  discretionary  acts  of  a  board  are  entitled  to 
great  weight,  yet  it  is  also  true  that  m  exercising  its  power  in  a  semi- judicial 
capacity,  the  board  should  be  able  to  show  the  very  best  reasons  for  its  conclu- 
sions. Except  upon  the  clearest  proof,  and  the  most  convincing  reasons  apparent 
to  the  board  that  the  good  of  the  school  demands  the  discharge  of  the  teacher, 
a  teacher  should  be  shielded  from  the  stigma  of  discharge,  and  the  authority  of 
the  board  and  the  respect  due  the  board  and  its  teachers,  should  be  maintained, 
by  a  decision  on  the  part  of  the  board  to  assist  and  support  the  teacher  in  bringing 


SCHOOL  LAW  DECISIONS.  65 

his  school  to  a  conclusion  as  nearly  as  possible  satisfactory  to  the  board  and  cred- 
itable to  himself.     The  decision  of  the  county  superintendent  is  Affirmed. 

HENRY   SABIN, 
y^ay  20 ,  1896 .  Superintendent  of  Public  Instt  uction . 


S.  B.  Heath  v.  District  Township  of  Iowa. 

Appeal  from  Wright  County. 

CouTs'TY  Superintendent.     On  appeal  may  do  no  more  than  the  board  might 
have  done. 

Independknt  District.     The  boundaries  outside  the  town  plat  depending  upon 
the  petition  of  the  electors,  such  boundaries  may  not  be  fixed  until  petitioned  for. 

This  is  a  case  arismg  under  the  amendment  to  section  1800  made  by  the  Twenty- 
fifth  General  Assembly.  It  is  the  effect  of  this  amendment  that  when  a  town  or 
village  has  less  than  two  hundred  inhabitants  and  not  less  than  one  hundred 
inhabitants,  the  territory  contiguous  to  such  town  plat  may  not  be  included  in 
the  proposed  independent  town  district  except  on  a  written  petition  of  a  majority 
of  the  electors  residing  upon  such  territory  outside  the  town  plat. 

In  this  case  the  board  refused  to  fix  the  boundaries  of  a  contemplated  inde- 
pendent town  district.  From  its  order  appeal  was  taken  to  the  county  superin- 
tendent who  reversed  the  order  of  the  board  and  fixed  the  boundaries  of  a  con- 
templated independent  district,  but  different  from  the  boundaries  asked  for  in 
the  petition  presented  to  the  board  from  the  electors  residing  outside  the  town. 

Without  considering  any  of  the  other  merits  of  the  case  it  becomes  necessary  to 
inquire  whether  the  county  superintendent  might  in  reversing  the  order  of  the 
board,  fix  different  boundaries  than  those  petitioned  for  by  the  majority  of  the 
electors  residing  upon  the  outside  territory.  We  find  that  the  territory  included 
in  the  contemplated  district  by  the  order  of  the  county  superintendent  excludes 
at  least  four  and  one-half  sections  that  were  before  included.  Did  the  county 
superintendent  have  power  to  fix  different  boundaries  for  the  outside  territory 
from  those  petitioned  for  when  application  was  made  to  the  board,  without  first 
himself  having  a  written  petition  from  a  majority  of  the  resident  electors  upon 
the  territory  outside  the  town  which  said  county  superintendent  included  within 
the  contemplated  independent  district?  We  think  he  did  not.  If  our  view  is  cor- 
rect it  is  decisive  of  the  case  and  we  will  be  compelled  to  reverse  the  county 
superintendent's  decision. 

Not  many  cases  have  arisen  under  the  amendment  to  section  1800,  found  in 
chapter  38,  Laws  of  1894.  But  it  seems  to  us  that  there  can  be  no  doubt  as  to  the 
intention  of  the  general  assembly  to  require  that  before  tei-itory  outside  a  town  or 
village  of  over  one  hundred  and  of  less  than  two  hundred  inhabitants  may  be 
included  within  a  contemplated  independent  town  district,  a  majority  of  the 
electors  must  consent  that  such  boundaries  may  be  fixed.-  Any  other  conclusion 
Vv'ould  seem  to  defeat  the  purposes  of  the  amendment.  It  is  not  reasonable  to 
urge  that  the  county  superintendent  would  have  greater  power  on  appeal  than  the 
baard  would  have. 

It  will  be  noticed  that  this  decision  has  no  reference  whatever  to  the  merits  of 
the  case  as  to  the  boundaries  which  should  be  fixed  for  a  town  independent  dis- 
trict. That  matter  is  stdl  within  the  discretion  of  the  board  under  the  limitations 
of  the  law.  Reversed. 

HENRY    SABIN,' 

A.igust  3,  1896.  Superintendent  ot  Public  Instruction. 


66  SCHOOL  LAW  DECISIONS. 

Letha  Jackson  v.  Independent  District  of  Steamboat  Rock. 

Appeal  from  Hardin  County. 

Teacher.     Full  opportunity  must  be  afforded  the  teacher  to  make  defense  against 
charges . 

Board  of  Directors.      Is  required  by  the  law  to  visit  the  school  and  to  aid  and 
sustain  the  teacner  in  maintaining  order  ard  disciplme. 

Teacher.     Should  not  employ  unsuitable  and  unusual  methods  of  punishment. 

On  the  twenty  eighth  day  of  November,  1896,  the  board  voted  to  discharge 
from  its  employ  Miss  Letha  Jackson,  the  teacher  in  the  intermediate  room  of  its 
•chool.  The  reason,  as  spread  upon  the  record,  is  that  she  inflicted  inhuman  and 
cruel  punishment  upon  her  pupils,  especially  upon  Minnie  Platts.  An  appeal  was 
taken  to  the  county  superintendent  who  reversed  the  order  of  the  board.  Appeal 
was  then  taken  to  the  superintendent  of  public  instruction. 

There  is  no  doubt  from  the  testimony  sent  up  with  the  transcript  that  Minnie 
Platts  was  insolent  and  disobedient,  and  also  that  the  teacher  failed  to  control  her- 
self,  and  that  they  engaged  in  an  unseemly  squabble  in  the  presence  ot  the  school . 
It  is  also  evident  that  the  teacher  was  accustomed  to  use  methods  of  punishment 
which  are,  at  the  best,  not  customary  in  well  disciplined  schools.  Much  of  the  tes- 
timony is  conflicting,  and  that  part  of  it  relating  to  matters  which  occurred  under 
A  previous  contract  cannot  be  allowed  to  have  any  weight  in  determining  this  case. 

The  contract,  as  placed  in  evidence,  specifies  that  the  teacher  shall  not  make 
use  of  any  cruel  or  unusual  punishment  in  the  discipline  of  the  school.  Whether 
■he  violated  the  contract  in  this  respect  is  a  matter  to  be  determined  by  the  board, 
and  in  doing  so  it  may  avail  itself  of  any  sources  of  reliable  information  within  its 
power.  The  notice  sent  to  the  teacher,  November  23,  1896,  charges  as  follows: 
"for  inhuman  and  unjustifiable  punishment  of  pupils  by  pinching,  pulling  their 
ears,  pulling  their  hair,  and  pounding  their  heads  and  faces  with  your  fists,  and 
pounding  their  heads  on  the  wall,  floor,  and  seats  of  the  schoolroom  with  your 
fists."  November  28th  she  was  notified  by  the  secretary  that  she  was  dismissed 
from  the  school.  At  a  meeting  of  the  board  held  November  27th,  the  president 
appointed  the  entire  board  an  investigating  committee.  It  appears  that  it  carried 
on  its  investigation  by  questioning  the  pupils  in  Miss  Ja;:ksoa's  room,  and  that  its 
vote  to  dismiss  her  was  based  entirely  upon  information  obtained  in  this  way,  as 
appears  in  the  records  of  November  27th.  This  method  placed  the  teacher  at  an 
immense  disadvantage.  It  would  at  least  have  been  just  to  have  examined  these 
pupils  in  her  presence,  and  that  she  should  have  been  allowed  to  correct  their  mis- 
statements, if  any,  and  to  give  the  investigating  committee  her  own  account  of  the 
matter.  We  cannot  consider  this  an  impartial  method  of  conducting  an  investi- 
gation against  a  teacher.  Justice  would  seem  to  demand  that  she  should  have  been 
furnished  a  copy  of  the  findings  of  this  committee,  and  should  have  been  givea  a 
reasonable  time  in  which  to  prepare  her  defense.  The  board  places  on  file  the 
unanimous  report  of  this  investigating  committee  recommending  that  the  teacher 
be  discharged.  It,  in  effect,  finds  her  guilty  and  asks  her  to  show  cause  why 
sentence  should  not  be  pronounced. 

Now,  as  to  Miss  Jackson's  failure  to  appear  before  the  board.  Her  physician 
sent  a  certificate  to  be  read  at  the  first  meeting,  stating  that  she  was  not  able  to 
attend  on  account  of  sickness.  At  the  same  meeting  her  attorney,  Mr.  Albrook, 
in  a  letter,  asks  that  the  board  appoint  Monday  afternoon  as  a  time  for  hearing 
the  case.  It  appears  to  have  been  a  reasonable  request  and  should  have  been 
granted  in  justice  to  all  parties.  That  Miss  Jackson  sent  her  statement  denying 
the  charges  and  averring  that  she,  by  her  conduct,  had  given  the  board  no  occa- 
sion to  investigate,  furnishes  an  additional  reason  and  a  very  strong  one  why  she 
should  have  been  given  the  opportunity  to  be  heard  by  counsel  of  ber  o\ru  choos- 


SCHOOL  LAW  DECISIONS. 


67 


ing.  We  do  not  think  that  the  board  intended  by  an  early  adjournment  to  shut 
her  counsel  out  Saturday  night,  but  it  ought  to  have  shown  an  anxiety  to  have 
him  present  if  possible,  in  order  that  it  might  ascertain  the  very  right  and  justice 
of  all  parties  in  the  case.  Miss  Jackson  could  very  justly  plead  that  her  pres- 
ence would  avail  nothing  after  the  board  had  before  it  a  report  signed  by  every 
member  of  that  tribunal,  saying  that  she  ought  to  be  dismissed  from  her  school 
The  board  seems  also  to  have  forgotten  that  the  law  makes  it  its  duty  to  visit  the 
school  and  to  aid  and  sustain  the  teacher  in  her  efforts  to  maintain  order  and  dis- 
cipline. It  has  duties  on  the  side  of  the  teacher  as  well  as  on  that  of  the  pupils  or 
the  community  at  large. 

We  do  not  wish  to  be  understood  as  upholding  a  teacher  in  the  methods  of 
punishment  which  appear  in  this  case.  To  pull  the  hair  or  the  ears  of  pupils,  or 
so  strike  them  with  the  fists,  are  relics  of  another  age  of  school  government,  and 
cannot  be  justified  today.  We  only  reach  the  conclusion  that  the  teacher  did  not 
have  that  fair  and  impartial  trial  before  the  board  that  is  contemplated  in  the 
law.     Therefore  the  decision  of  the  county  superintendent  is  Affirmed. 

« 

HENRY    SABIN, 

April  7,  1897.  Superintendent  of  Public  Instruction. 


R.  Odendahl  etal.  v    District  Township  of  Grant. 

Appeal  from  Carroll  County. 

Appeal.     Will  not  lie  from  joint  aztion  of    boards    making   settlement   of   assets 
and  liabilities. 

County  Superintendent.     Should  dismiss  an  appeal  as  soon  as  it  becomes  cer- 
tain that  the  leading  issue  may  be  heard  and  decided  only  by  a  court  of  law. 

Jurisdiction.     It  is  very  undesirable  to  bring  matters  involving  a   money   con- 
sideration before  the  county  superintendent  on  appeal. 

Certain  territory  in  the  civil  township  of  Grant  and  part  of  the  independent 
district  of  Carroll  was  restored  to  the  district  township  of  Grant.  A  settlement  of 
assets  and  liabilities  between  the  two  districts  necessarily  followed.  Robert  Oden- 
dahl and  others  were  aggrieved  with  the  conclusions  reached  by  the  two  boards, 
and  took  an  appeal  to  the  county  superintendent,  who  reviewed  the  questions  pre- 
sented to  him,  finding  in  effect  as  to  the  time  when  the  territory  did  actually 
become  a  part  of  the  district  township  of  Grant,  as  to  the  disposition  of  taxes  dur- 
ing a  period  when  the  control  of  such  territory  was  in  controversy,  and  also 
whether  the  agreement  entered  into  by  the  board  should  be  changed  by  him. 

The  first  question  we  are  required  to  consider  is  whether  the  county  superin- 
tendent had  jurisdiction  to  hear  the  case.  If  we  find  that  he  did  not  have  juris- 
diction, it  will  of  course  be  impossible  for  us  to  revievv  the  questions  he  de.er- 
mined,  and  we  shall  be  compelled  to  dismiss  the  case  for  want  of  jurisdiction. 

It  has  been  the  uniform  opinion  of  this  department  that  appeal  will  not  lie  fr«>ra 
the  joint  action  of  boards  in  making  the  settlement  of  assets  and  liabilities  required 
by  section  1715,  but  that  the  only  remedy,  if  the  law  affords  relief,  would  be  an 
action  in  court  to  protect  the  rights  of  the  persons  complaining.  In  order  that 
the  matter  might  be  more  authoritatively  determined,  so  that  this  case  may  be  a 
guide  to  school  officers,  we  submitted  an  inquiry  to  the  attorney- general,  and 
quote  briefly  from  his  reply: 

"Your  favor  came  duly  to  hand,  requesting  my  opinion  upon  the  following 
question: 

*  The  teacher's  right  to  recovery  for  wrongful  dismissal  in  this  cshc  was  sustained  in  iio 
Iowa,  313. 


63  SCHOOL  LAW  DECISIONS. 

"When  the  two  boards  have  made  a  division  of  assets  and  liabilities,  under  section 
1715  of  the  code,  will  a  person  claiming  the  settlement  to  be  inequitable  and 
insufficient  as  to  the  amount  agreed  upon  have  the  right  to  appeal  to  the  county 
superintendent  from  such  agreement,  that  is,  from  such  joint  action  of  the  boards 
taken  as  provided  in  section  1715,  will  an  appeal  lie? 

"The  section  in  question  provides  that  the  respective  boards  shall  make  an 
equitable  division  of  the  then  existing  assets  and  liabilities  between  the  old  and 
the  new  districts;  it  also  provides  that  in  case  of  the  failure  to  agree  the  matter 
may  be  decided  by  arbitrators  chosen  by  the  parties  in  interest.  It  has  been  held 
by  our  supreme  court  that  under  this  section  the  boards  of  directors  become  a 
fpecial  tribunal  for  the  determination  of  the  respective  rights  of  the  parties.  And 
it  is  held  that  this  tribunal  thus  constituted  has  exclusive  jurisdiction.  The 
action  of  the  special  tribunal,  consisting  of  the  several  boards  of  directors,  is  not 
the  action  or  order  of  a  board  of  directors,  but  an  order  of  a  special  court  for  the 
determination  of  the  rights  of  the  several  new  districts  with  reference  to  the  assets 
find  liabilities  of  the  old  district  of  which  they  formed  a  part.  The  statute  does 
not  give  an  appeal  from  such  tribunal.  My  conclusion  is  that  a  right  of  appeal 
does  not  exist  and  a  person  claiming  the  settlement  to  be  inequitable  has  no  right 
of  appeal  to  the  county  superintendent." 

The  opinion  of  the  attorney-general  is  decisive  of  this  case.  We  think  there 
are  many  added  reasons  why  questions  of  this  kind  should  not  be  heard  on  appeal 
before  the  county  superintendent.  That  officer  should  not  be  compelled  to  review 
matters  involving  the  jurisdiction  over  territory,  the  disposition  of  taxes,  or  the 
rfght  and  justice  of  a  finding  of  boards  upon  a  settlement  of  assets  and  liabilities. 
But  these  a  court  may  very  properly  do,  as  its  jurisdiction  for  such  purposes  is 
not  questioned,  and  the  precedents  for  the  control  of  the  courts  over  this  class  of 
cases  are  well  established.  It  is  very  undesirable  to  attempt  to  bring  matters 
involving  a  money  consideration  before  the  county  superintendent  on  appeal.  As 
soon  as  -t  becomes  clearly  apparent  that  the  principal  issue  is  of  a  kind  iataiii  I 
by  our  statutes  to  be  heard  and  determined  only  by  the  courts  of  law,  the  appeal 
should  be  dismissed.  In  this  case  it  was  the  duty  of  the  boards  interested  to  make 
a  proper  settlement.  If  fraud  or  other  irregularity  was  urged,  perhaps  a  court 
would  afford  relief  to  a  complainant,  but  an  appeal  to  the  county  superintendent 
would  not  become  a  remedy . 

We  are  compelled  to  remand  this  case  to  the  county  superintendent  with 
instructions  to  dismiss  the  case  for  lack  of  jurisdiction.  Dismissed. 

HENRY  SABIN, 

June  16,  1897.  Superintendent  of  Public  Instruction. 


CM.  Baxter  v.  School  Township  of  Bear  Grove. 

Appeal  from  Cass  County. 

Public  Road  to  Schoolhouse.     The  board  is  bound  to  carry  out  the  vote  of  the 
electors  in  the  matter  of  opening  roads  to  schoolhouses. 

Abuse  of  Discretion.      The  board  may  not  substitute  its  own  discretion  for  the 
clearly  expressed  instruction  of  the  electors. 

At  their  regular  meeting,  on  the  second  Monday  in  March,  1897,  the  electors 
voted  a  schoolhouse  tax  of  $200  and  instructed  the  board  to  open  an  east  and  west 
road  to  intersect  a  north  and  south  road  which  would  give  Mr.  Baxter  access  by 
the  public  road  to  his  schoolhouse.  Instead  of  carrying  into  effect  the  vote  of  the 
electors,  the  board  took  steps  to  secure  a  different  road,  and  from  their  action  in 
so  doing  appeal  was  taken  to  tne  county  superintendent,  who  reversed  the  order  of 
the  board,  finding  that  the  board  should  have  attempted  in  good  faith  to  carry  out 
the  expressed  wish  of  the  electors.     The  board  appeals  here. 


SCHOOL  LAW  DECISIONS.  Qg 

It  is  shown  in  the  testimony,  and  it  is  not  den'ed,  that  the  board  thought  best 
to  attempt  to  secure  the  cheapest  road  possible,  in  order  to  provide  a  way  by  which 
Mr.  Baxter  could  reach  the  schoolhouse.  The  real  question  in  this  case,  and  the 
one  which  the  county  superintendent  was  compelled  to  determine,  was  whether  the 
board  committed  error  in  its  discretion.  From  a  careful  examination  of  the  entire 
case  we  must  conclude  that  the  county  superintendent  made  no  mistake  in  deter- 
mining that  it  is  the  duty  of  the  board  to  make  a  strenuous  effort  to  fulfill  the 
intention  of  the  electors.  We  think  it  was  the  duty  of  the  board  to  carry  into 
execution  the  vote  of  the  electors,  if  possible  to  do  so,  and  if  not  possible,  the 
attempt  should  have  been  made,  and  the  matter  then  referred  back  to  the  electors 
for  further  instructions.  See  first  part  of  section  2778  and  first  division  of  syllabus 
ia  appeal  case  on  pa^e  17  S.  L.  Decisions  1897.  We  think  it  was  not  within  the 
power  of  the  board  to-substitute  its  own  discretion  for  the  clearly  expressed  instruc- 
tion by  the  electors. 

It  is  clear  that  the  electors  intended  to  provide  relief  for  Mr.  Baxter.  This  could 
be  done  only  by  providing  him  with  a  public  highway  upon  which  his  children 
could  reach  school.  This  matter  isof  such  importance  to  Mr.  Baxter,  and  the  vote 
of  the  electors  providing  the  means  by  which  the  road  was  to  be  secured  was  so 
definite,  that  we  feel  compelled  to  suggest  to  the  electors  that  at  their  annual  meet- 
ing on  next  Monday,  the  fourteenth  day  of  this  month,  they  indicate  still  more  clearly 
their  desires  in  the  matter,  and  that  they  instruct  the  board  what  further  steps  shall 
be  taken  by  the  board.  As  indicated,  we  can  see  no  reason  to  interfere  with  the 
finding  of  the  county  superintendent  and  his  decision  is  therefore  Affirmed. 

RICHARD  C.  BARRETT, 

Des  Moines,  March  9,  1898.  Superintgndent  of  Public  Instruction. 


John  Martin  v.  School  Township  of  Baker. 

Appeal  from  Guthrie  County. 

Notice  of  Appeal.  The  superintendent  of  public  instruction  may  not  entertain 
an  appeal  unless  thirty  days'  notice  of  such  appeal  has  been  served  upon  the 
adverse  party. 

Costs.  Before  an  appeal  from  the  order  of  the  county  superintendent  taxing 
costs  can  be  entertained  by  the  superintendent  of  public  instruction,  a  motion  to 
retax  such  costs  should  be  filed  with  the  county  superintendent. 

The  question  involved  in  this  case  is  the  taxing  of  costs.  In  1897  John  Martin 
petitioned  the  board  of  directors  of  the  school  township  of  Baker  for  a  school  for 
the  accommodation  of  his  ten  children.  The  board  refused  to  grant  the  request 
of  the  petitioner.  Appeal  was  taken  to  the  county  superintendent,  who  affirmed 
the  action  of  the  board.  In  rendering  his  opinion,  the  county  superintendent 
ta.xed  the  costs,  amounting  to  $30.75,  to  appellant  Martin.  From  the  action  of 
the  county  superintendent  Martin  appeals  to  this  department. 

Counsel  for  appellee  moves  the  dismissal  of  the  appeal  for  the  following  rea- 
sons: First,  that  notice  of  appeal  was  not  given  as  is  required  by  section  2820  of 
th?  code  of  Iowa.  Second,  that  ail  of  the  record  in  the  case  was  not  certified 
to  this  department  by  the  county  superintendent,  and  for  that  reason  the  depart- 
ment should  refuse  to  consider  or  entertain  the  appeal.  Third,  that  the  record 
nowhere  discloses  that  the  county  superintendent,  before  whom  the  appeal  was 
tried,  ever  had  opportunity  or  occasion  to  pass  upon  the  question  of  taxation  of 
costs,  that  no  motion  or  request  was  made  for  him  to  retax.  Fourth,  that  said 
appeal  from  decision  of  county  superintendent  was  taken  too  late. 

The  question  to  be  determined  is  whether  this  department  has  jurisdiction  to 
hear  the  case.     Section  2820  provides  that  "thirty  days'  notice  of  the  appeal  shall 


70  SCHOOL  LAW  DECISIONS. 

be  given  by  the  appellant  to  the  county  superintendent  and   also   to  the   adverse 
party." 

There  is  nothing  in  the  transcript  to  show  that  this  notice  was  served  eit!-:er  on 
the  county  superintendent  or  the  adverse  party.  For  many  years  it  has  been  the 
holding  of  the  supreme  court  of  the  state  of  Iowa  that  appeal  can  only  be  taken 
by  serving  a  written  notice  upon  the  adverse  party  or  his  attorney,  and  the  clerk. 
In  the  74th  Iowa  the  court  rules  that  servke  of  notice  of  appeal  is  essential  to  give 
a  court  jurisdici ion  of  the  case  and  that  fact  must  be  shown  by  the  record.  A 
recent  general  assembly  makes  similar  provisions  applicable  in  cases  of  appeal  to 
this  department. 

While  it  is  true  that  only  a  partial  record  is  presented,  we  are  of  the  opinion 
that  the  transcript  is  sufficiently  complete  to  enable  us  to  pass  upon  the  question 
raised.  By  this  we  would  not  be  understood  as  favoring  the.  certification  of  only 
a  part  of  the  transcript,  in  case  of  appeal.  In  regard  to  the  taxation  of  costs,  the 
code  of  1897  provides  that  in  all  matters  triable  before  him  the  county  superin- 
tendent "shall  have  power  to  issue  subpoenas  for  witnesses  which  may  be  served 
by  any  peace  officer,  compel  the  attendance  of  those  thus  served,  and  the  giving 
of  evidence  by  them,  in  the  same  manner  and  to  the  same  extent  as  the  district 
court  may  do,  and  such  witnesses  and  officers  may  be  allowed  the  same  compensa- 
tion as  is  paid  for  like  attendance  or  service  in  such  court,  which  shall  be  paid  out 
of  the  contingent  fund  of  the  proper  school  corporation,  upon  a  certificate  of  the 
superintendent  to  and  warrants  of  the  secretary  upon  the  the  treasurer;  but  if  the 
superintendent  is  of  the  opinion  that  the  proceedings  were  instituted  without  rea- 
sonable cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall  not  be  sustained, 
he  shall  enter  such  findings  in  the  record ,  and  tax  all  costs  to  the  party  responsi- 
ble therefor.  A  transcript  thereof  shall  be  filed  in  the  office  of  the  clerk  of  the 
district  court  and  a  judgment  entered  thereon  be  made,  which  shall  be  collected 
as  other  judgments." 

The  question  of  costs  is  one  entirely  new  to  this  department.  Prior  to  October 
1,  1897,  any  one  aggrieved  by  the  order  or  decision  of  a  board  of  directors,  could, 
without  cost,  appeal  to  the  county  superintendent  and  again  to  the  superintendent 
of  public  instruction. 

The  provisions  of  the  law  are  plain.  If  the  county  superintendent  is  of  the 
opinion  that  the  proceedings  were  instituted  without  reasonable  cause,  or  the  case 
be  not  sustained  on  appeal,  he  shall  tax  all  costs  to  the  party  responsible  therefor. 
A  careful  study  of  the  case  reveals  no  error  on  the  part  of  the  county  superintend- 
ent. The  costs  appear  to  have  been  taxed  and  filed  as  required  by  the  statute. 
Any  person  aggrieved  might,  upon  application,  have  had  the  same  retaxed  and 
all  errors  corrected . 

Counsel  for  appellant  argues  that  the  question  at  bar  was  presented  informally 
to  the  county  superintendent  who  over- ruled  his  objections,  after  having  consid- 
ered the  same.  An  additional  transcript  of  the  proceedings  filed  by  the  county 
superintendent,  substantiates  the  claim  of  counsel  but  nullifies  the  force  of  it  by 
stating  "that  no  formal  or  written  objections  to  the  taxing  of  said  costs  were  filed 
by  said  appellant,  nor  any  motion  to  retax  said  costs."  In  the  101  Iowa,  case  of 
John  Roane  appellant  V .  J.  A.  Hamilton  et  at.  involving  the  question  of  costs, 
the  supreme  court  held  that  since  no  motion  was  made  in  the  district  court  to 
retax  costs,  no  consideration  would  be  given  the  matter  by  the  supreme  court. 
It  cannot,  we  think,  be  contended  reasonably  that  rules  of  court  practice,  so  far  as 
applicable,  should  not  be  followed  in  matters  triable  before  this  department.  A 
failure  on  appellant's  part  to  avail  himself  of  his  legal  rights  may  not  wisely  be 
overlooked  here. 

In  regard  to  the  time  in  which  appeal  may  be  taken,  the  law  provides  that 
thirty  days'  notice  shall  be  given.     The  transcript  shows  that  the  case  was  heard 


SCHOOL  LAW   DECISIONS.  ^^^ 

by  the  county  superintendent,  January  7.  1898.  The  affidavit  of  appeal  was 
received  by  special  delivery  Sunday  February  6,  and  filed  Monday  February  7, 
1898.  We  think  appeal  was  taken  in  time  since  in  computing  time,  the  first  dav 
shall  be  excluded  and  the  last  day  included,  unless  the  last  day  falls  on  Sunday 
in  which  case  the  time  prescribed  shall  be  extended  so  as  to  include  the  whole  of 
the  following  Monday,  Code,  section  48,  sub-section  23. 

While  the  counsel  for  appellee  does  not  refer  to  the  fact,  we  find  in  addition  to 
the  foregoing  that  the  affidavit  of  appeal,  presented  is  defective  in  this,  that  the 
notary,  before  whom  appellant  was  sworn,  failed  to  attach  notarial  seal.      This 
however,  has  not  been  considered  irremediable  in  the  consideration  of  the  appeal*. 

After  having  carefully  considered  the  whole  matter,  we  are  of  tbe  opinion  that 
the  case  is  not  legally  before  us,  since  the  transcript  fails  to  show  service  of  proper 
notice  and  a  motion  to  retax  costs. 

The  legality  of  this  department  entertaining  any  appeal  in  which  a  money  con- 
sideration is  the  principal  issue,  is  seriously  questioned.  Certainly  neither  the 
county  nor  the  state  superintendent  is  authorized  to  render  judgment  for  money. 
Acts  of  these  officers  are  held  by  the  courts  to  be  ministerial  and  not  judicial.  To 
burden  this  office  with  the  adjustment  of  affairs  involving  such  considerations  as 
can  best  and  only  be  determined  finally  by  the  courts,  is,  from  our  point  of  view, 
to  place  unncessary  and  unproductive  labor  upon  the  department.         Dismissed. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  May  26,  1898.  Superintendent  of  Public  Instruction. 


Thomas  Hudgens  v.  Independent  District  No.  Ten,  Cedar  Falls 

Township. 

Appeal  from  Black  Hawk  County. 

Discharge  of  Teacher.  A  teacher  cannot  be  discharged  by  the  board,  except 
after  a  full  and  fair  investigation. 

Special  Meeting.  A  meeting  of  the  board,  called  for  no  specific  purpose  and 
of  which  the  teacher  was  not  served  with  due  and  proper  notice,  could  not  legally 
discharge  such  teacher. 

Defense.  The  teacher  is  entitled  to  a  reasonable  time  to  prepare  for  and  make 
his  defense.  The  refusal  of  the  board  to  grant  a  teacher  a  single  day's  time  in 
which  to  make  such  defense  is  not  only  an  abuse  of  discretion  but  a  violation  of 
law. 

On  the  third  day  of  January,  1898,  Thomas  Hudgens,  a  teacher  in  Independent 
District  Number  Ten,  Cedar  Falls  township,  was  dismissed  by;  a  majority  vote  of 
the  board.  From  the  action  of  the  board  he  appealed  to  the  county  superintend- 
ent, who  affirmed  the  order  of  the  board.  From  his  decision  appeal  is  taken  to 
this  department. 

Section  2782,  laws  of  Iowa,  concerning  the  dismissal  of  the  teacher,  is  as  follows: 
"It  may  by  a  majority  vote  discharge  any  teacher  for  incompetency,  inattention 
to  duty,  partiality,  or  any  good  cause,  after  a  full  and  fair  investigation  made  at 
a  meeting  of  the  board,  held  for  that  purpose  at  which  the  teacher  shall  be  per- 
mitted to  be  present  and  make  defense,  allowing  him  a  reasonable  time  therefor." 

Did  appellant  have  a  fair  trial  ?  Was  the  meeting  held  for  the  purpose  of  dis- 
charging the  teacher  or  giving  a  full  and  fair  investigation  ?  Did  the  teacher  have 
a  reasonable  time  to  make  defense  ? 

In  his  decision  the  county  superintendent  says :  "Then  from  the  minutes  of  the 
school  board  as  kept  by  the  secretary,  January  3rd,  we  must  determine  what 
occurred  at  this  meeting."  If  the  correctness  of  the  record  were  unquestioned 
this  would  be  true. 

In  the  case  of  Appleton  Park  v.  Independent  District  of  Pleasant  Grove,  this 


72  SCHOOL   LAW   DECISIONS. 

department  held  that  "the  fact  that  the  transcript  referred  to  is  not  certified  to  by 
the  secretary  and  the  further  fact  that  he  was  not  present  at  the  board  meeting  in 
question,  and  wrote  the  minutes  as  dictated  from  memory  by  the  president  of  the 
board,  three  days  after  the  meeting,  fully  justified  the  superintendent  in  ruling  it 
out  and  in  admitting  parol  evidence,  "  The  testimony  of  the  secretary  of  the  board 
is  to  the  effect  that  the  original  notes  made  by  himself  at  the  time  of  the  discharge 
of  the  teacher  were  destroyed ;  that  the  notes  from  which  the  certified  transcript 
was  made  were  written  days  after  the  meeting.  His  further  testimony,  which  is 
not  denied,  is  that  the  record  of  the  meeting  as  finally  certified  to  the  county  super- 
intendent was  written  by  himself,  aided  by  the  president  and  another  member  of 
the  board,  after  appeal  was  taken  to  the  county  superintendent.  A  record  of  such 
a  character  "made  in  view  of  appeal"  can  scarcely  be  said  to  be  its  own  best 
evidence. 

In  his  decision  the  county  superintendent  quotes  a  former  opinion  of  this 
department  to  this  effect:  *  'The  discharge  of  a  teacher  is  largely  within  the  dis- 
cretionary power  of  the  board.  It  is  to  guard  the  rights  of  the  school,  as  well  as 
the  rights  of  the  teacher.  After  a  full  and  fair  investigation  it  is  its  duty  to  act 
as  it  deems  best  under  all  circumstances  of  the  case.  This  being  the  case,  it  is 
the  duty  of  the  county  superintendent  not  to  interfere  with  the  action  of  the  board 
unless  he  is  convinced  that  it  in  some  way  abused  its  discretion.  He  is  right  in  sus- 
taining the  board  even  though  as  an  individual  he  would  have  prefened  some 
other  action  on  his  part." 

In  the  case  at  bar  did  the  board  make  that  full  and  fair  investigation  contem- 
plated? We  think  not.  The  evidence  submitted  reveals  many  irregularities  on  tha 
part  of  the  board.  The  meeting  was  not  called  for  a  spe»nfic  purpose.  Appellant 
was  not  served  with  due  and  proper  notice.  The  law  provides  that  a  reasonable 
time  shall  be  given  the  teacher  in  which  to  make  his  defense.  Appellant's  request 
for  a  single  day's  time  was  refused.  In  fact  according  to  the  president's  own  tes- 
timony, no  investigation  took  place. 

The  school  may  not  have  been  as  ably  conducted  as  the  board  desired,  or  in 
accordance  with  the  particular  views  of  the  different  members,  but  we  cannot 
approve  of  the  action  of  a  board  in  discharging  the  teacher  without  first  making 
that  full  and  fair  investigation  contemplated  by  the  statute.  A  teacher  is  the 
employe  of  the  board  and  as  such  is  entitled  to  its  co-operation  and  support. 
For  certain  causes  the  teacher  may  be  discharged,  but  only  after  charges  prefered 
have  been  carefully  and  impartially  investigated.  We  have  given  the  case  unusual 
attention  and  are  forced  to  the  conclusion  that  the  teacher  was  noi  accorded  that 
investigation  which  the  law  intends.  The  decision  of  the  county  superintend- 
ent is  Reversed. 

RICHARD    C.   BARRETT, 

Des  Moines,  Iowa,  June  23,  1898.  Superintendent  of  Public  Instruction. 


R.  A.  Kletzing  V.  The  Independent  District  of  Montoiik. 

Appeal  from  Tama  County. 

Discharge  of  Teacher.  The  action  of"  the  board  in  discharging  a  teacher, 
after  a  full  and  fair  investigation,  will  not  be  reversed  unless  it  is  clearly  shown 
that  the  board  violated  the  law,  abused  its  discretion,  or  acted  with  manifest 
injustice. 

County  Supbrintendknt.  The  county  superintendent  has  only  appellate  juris- 
diction, and  should  sustain  the  action  of  the  board  unless  it  be  clearly  shown  that 
they  violated  law  or  abused  their  discretion. 

On  February  14th,  J.  D.  Booher,  resident  of  Montour,  filed  with  the  secretary 
of  the  school  corporation  a  complaint  charging  the  principal  R.  A.  Kletzing  with 


SCHOOL   LAW   DECISIONS.  73 

incompetency,    partiality,   the   infliction  of  inhuman  and   cruel  punishment  and 
general  inability  to  govern  the  school  over  which  he  had  supervision. 

The  record,  which  is  unquestioned,  shows  that  a  notice  of  the  hearing  was 
served  on  appellant  and  the  time  fixed  for  the  nineteenth  day  of  February,  at 
which  time  all  parties  interested  appeared.  Appellant  was  represented  by  his 
attorney  who  filed  a  general  statement  denying  charges  preferred.  Affidavit  of 
appellant  was  also  filed  claiming  that  the  board  had  negligently  or  willfully 
refrained  from  visiting  the  school  or  in  any  manner  advised  with  or  directed 
appellant  in  his  conduct  and  management  of  the  school.  The  hearing  was  con- 
cluded on  February  26th  and  appellant  was  discharged  by  the  unanimous  vote  of 
the  board.  Appeal  was  then  taken  to  the  county  superintendent  who  reversed 
the  board.     The  board  appeals  to  this  department. 

As  it  appears  to  us,  the  question  to  be  determined  is  of  sound  judgment  and  dis- 
cretion and  not  of  law.  Should  it  appear  that  the  county  superintendent  opposed 
his  judgment  to  the  judgment  of  the  board,  there  is  but  one  course  for  an  ultimate 
tribunal  to  pursue. 

It  is  the  earnest  desire  of  this  department  to  sustain  decisions  of  county  super- 
intendents. Their  ofificial  acts  and  the  correctness  of  their  views  will  not  be  set 
aside  unless  for  cause.  A  similar  principle  should  be  held  by  county  superintend- 
ents when  called  upon  to  pass  upon  the  decisions  or  orders  of  boards  of  directors. 

For  almost  a  third  of  a  century  it  has  been  the  holding  of  this  department  that 
discretionary  action  of  a  board  should  be  affirmed  on  appeal,  unless  by  the  evidence 
it  is  clearly  proven  that  the  board  violated  law  or  abused  its  discretion.  '  *If  there 
is  reasonable  doubt  the  board  is  entitled  to  its  benefits.  The  action  of  the  board 
may  not  be  wholly  approved  by  the  judgment  of  the  county  superintendent,  but  if 
it  be  not  illegal  or  clearly  unjust,  it  should  be  sustained."  See  Edwards  et  al.  v. 
District  lozunship  of  West  Point,  School  Law  Decisions  of  1884. 

The  county  superintendent  is  a  court  of  appellate  jurisdiction  and  is  compelled 
to  sustain  the  action  of  boards  unless  the  evidence  clearly  indicates  that  they  have 
violated  law,  acted  with  passion  or  prejudice,  or  with  manifest  injustice,  or  abused 
their  discretion 

In  the  case  before  us  we  are  inclined  to  the  opinion  that  the  superintendent 
passed  upon  the  case  as  though  he  had  original  instead  of  appellate  jurisdiction, 
and  failed  to  give  due  consideration  to  the  discretionary  power  granted  school 
boards. 

The  power  to  discharge  a  teacher  is  conferred  upon  boards  of  directors  by  sec- 
tion 2782,  which  in  part  reads  as  follows:  '  'It  may  by  a  majority  vote  discharge 
any  teacher  for  incompetency,  inattention  to  duty,  partiality,  or  any  good  cause, 
after  a  full  and  fair  investigation  made  at  a  meeting  of  the  board  Jield  for  that  pur- 
pose, at  which  the  teacher  shall  be  permitted  to  be  present  and  make  defense, 
allowing  him  a  reasonable  time  therefor." 

Affiant,  in  appealing  to  the  county  superintendent,  alleges  that  he  was  not 
accorded  a  full  and  fair  investigation.  In  reversing  the  board  the  county  superin- 
tendent .so  found  and  assigned  as  a  reason  that  Mr.  Stevens,  president  of  the  board, 
appeared  as  the  prosecuting  attorney. 

We  cannot  concur  with  the  view  expressed  by  the  county  superintendent  that 
appellant  was  not  given  a  fair  trial.  That  the  board  gave  the  case  careful  thought 
is  shown  by  the  fact  that  the  hearing  occupied  nearly  all  of  a  week.  Appellant 
was  given  every  opportunity  to  prepare  for  his  defense,  to  call  witnesses,  and  was 
ably  represented  by  his  attorney.  So  far  as  we  have  been  able  to  learn  from  the 
transcript,  which  appears  to  be  complete,  it  is  not  shown  that  malice  or  prejudice 
was  exhibited  on  the  part  of  any  member  of  the  board.  The  fact  that  Mr. 
Stevens,  the  president  of  the  board,  is  an  attorney,  may  not  be  considered 
prejudicial.     Naturally,  as  president,  he  would  be  expected  to  lea  1  in  the  iavesti- 


74  SCHOOL  LAW   DECISIONS. 

gationof  complaints,  since  in  cases  of  this  kind  the  board  may  not  employ  counsel. 

The  claim  that  the  board  had  negligently  or  willfully  refrained  from  visiting 
the  school  or  advising  with  the  teacher,  is  worthy  of  most  careful  consideration. 
It  is  the  duty  of  the  board  to  aid  teachers  in  the  government  and  management  of 
schools;  to  counsel  with  them  and  co-operate  in  the  promotion  of  all  the  educa- 
tional interests  of  the  district.  It  does  not  appear  that  members  made  regular  and 
frequent  visits  to  the  school,  but  that  general  interest  was  manifested  and  a  desire 
shown  on  the  board's'part  to  strengthen  the  schools  is  evidenced  by  the  fact  that 
the  course  of  study  was  revised,  rules  for  the  government  of  teachers  and  pupils 
adopted,  and  consultations  held  by  members  of  the  board  with  the  principal. 

In  his  decision,  the  county  superintendent  finds  that  appellant  Kletzing  was 
obstinate  and  worked  in  opposition  to  the  board  of  directors;  that  his  punishment 
of  pupils  was  open  to  severe  criticism;  that  he  was  disliked;  that  he  did  not  give 
satisfaction;  that  a  very  undesirable  condition  existed;  and  that  he  did  not  exercise 
that  judgment  necessary  to  carry  on  the  school  harmoniously  and  without  fric- 
tion. The  evidence  clearly  sustains  the  above  enumerated  findings.  The  opinion 
of  the  county  superintendent  is  Reversed. 

RICHARD  C.  BARRETT, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  September  10,  1898. 


J.  L.  MuNN  v.  School  Township  of  Soap  Creek. 

Independent  District  Borndaries.  The  provision  of  section  2794  of  the 
Code, requiring  the  board  of  a  school  township,  upon  proper  petition,  to  establish 
the  boundaries  of  a  proposed  independent  district,  is  mandatory. 

Boundaries.  Must  include  all  of  the  city,  town,  or  village,  and  also  such 
contiguous  territory  as  is  petitioned  for  by  a  majority  of  the  resident  electors. 

County  Superintendent.  On  appeal  the  county  superintendent  can  make 
such  order  touching  the  boundaries  as  the  board  should  have  made. 

Time.  The  time  in  which  to  take  the  initiatory  steps  to  form  an  inde- 
pendent district  is  not  fixed  by  the  statute. 

Completion.  The  provision  of  section  2796,  "that  the  organization  of  such 
independent  district  shall  be  effected  on  or  before  the  first  day  of  August  of  the 
year  in  which  it  is  attempted",  is  directory  and  has  special  reference  to  the 
levying  of  taxes.  It  does  not  apply  where  by  reason  of  an  appeal  to  the  county 
superintendent,  or  to  the  superintendent  of  public  instruction  the  completion  is  not 
effected  until  after  such  date. 

Election,  The  boundaries  having  been  fixed,  it  is  the  duty  of  the  board  to 
give  notice  of  a  meeting  of  the  voters  of  the  territory  included  in  the  proposed 
district. 

Mandamus.  Should  the  board  fail  or  refuse  to  give  the  required  notice  of 
election,  they  may  be  compelled  to  do  so  by  mandamus. 

Electors.  The  electors  are  the  sole  and  final  judges  of  the  desirability  of  a 
separate  organization. 

This  case  relates  to  the  formation  of  an  independent  district  out  of  a  school 
township . 

Residents  of  the  village  of  Belknap  petitioned  the  board  of  directors  to  form  an 
independent  district.  The  board  by  a  vote  of  two  to  six  refused  to  establish  the 
boundaries  of  the  district.  From  the  board's  refusal,  appeal  was  taken  to  the 
county  superintendent. 

Before  this  officer  motion  to  dismiss  was  made  by  appellee  on  the  ground  that 
mandamus  and  not  appeal  was  the  proper  remedy. 

The  statute  provides  that  a  writ  of  mandamus  "shall  not  be  issued  in  anv  case 
where  there  is  a  plain,  speedy  and  adequate  remedy  in  the  ordinary  courts  of  law, 


SCHOOL   LAW   DECISIONS.  75 

save  as  herein  provided."  Section  4344  Code.  In  the  73  Iowa,  134,  case  of  Bar- 
netietal.  v.  Board  of  Directors  Independent  District  of  Earlham,  the  supreme 
court  held  that  where  the  party  has  the  right  of  appeal  to  the  county  superinten- 
dent, mandamus  will  not  lie  against  a  board  of  directors. 

It  is  provided  in  the  school  laws  that  "any  person  aggrieved  by  any  decision 
or  order  of  the  board  of  directors  of  any  school  corporation  in  a  matter  of  law 
or  fact  may,  within  thirty  days  after  the  rendition  of  such  decision  or  the 
making  of  such  order,  appeal  therefrom  to  the  county  superintendent  of  the 
proper  county."  Section  2818  Code.  "Upon  the  hearing  of  the  appeal  the 
county  superintendent  is  required  to  hear  testimony  on  behalf  of  either  party. 
The  fullest  opportunity  is  allowed  for  a  thorough  investigation  of  the  matter  of 
the  appeal  and  the  superintendent  is  required  to  make  such  decision  as  shall  be 
just  and  equitable.  And  if  the  appellant  is  aggrieved  at  the  decision  of  the 
county  superintendent  he  may  appeal  in  like  manner  to  the  state  superintendent 
of  public  instruction."  35  Iowa,  444.  We  find  no  error  on  the  superintendent's 
part  in  overruling  the  motion  to  dismiss. 

The  superintendent  reversed  the  board  and  established  the  boundary  lines  of 
Belknap,  and  ordered  that  the  district  consist  of  Che  present  town  plat.  J.  L. 
Munn  appealed  to  the  superintendent  of  public  instruction,  who  heard  the  case 
July  30th. 

At  the  hearing  before  this  department,  appellee  moved  to  dismiss  the  case  for 
the  reason  that  the  organization  of  the  contemplated  independent  district  could 
not  be  completed  on  or  before  the  first  day  of  August,  1898. 

The  time  in  which  to  take  the  initiatory  steps  to  form  an  independent  district 
is  not  fixed.  The  law  says:  "Upon  the  written  petition  of  any  ten  voters  *  *  * 
such  board  shall  establish  the  boundaries."  A  petition  signed  by  the  requisite 
cumber  of  voters  might  be  presented  at  such  a  date  as  to  preclude  the  possibility 
of  completing  the  organization  on  or  before  the  first  day  of  August.  To  grant 
reasonable  requests  made  by  attorneys  for  continuance  might  also  prevent  the 
formation  of  districts.  The  wishes  of  parties  interested  could  easily,  be  thwarted 
by  dilatory  tactics  on  the  part  of  attorneys.  Under  the  laws  of  this  state  both 
county  and  state  superintendents  are  called  upon  to  perform  many  and  varied 
duties.  Not  infrequently  engagements  are  made  weeks  and  sometimes  months  in 
advance.  In  some  cases  it  is  quite  impossible  for  these  officers  to  grant  a  hearing 
and  render  a  decision  within  the  time  mentioned  in  the  statute.  While  it  may  be 
desirable  that  the  orgaiization  be  perfected  within  the  statutory  time,  we  are 
inclined  to  the  opinion  that  the  date  is  only  directory  and  has  special  reference  to 
the  levying  of  taxes.  To  sustain  the  motion  to  dismiss  would  establish  a  precedent 
far-reaching  in  its  effects  and  one  tending  in  many  cases  to  hinder  educational 
advancement. 

The  record  upon  which  the  county  superintendent  decided  the  appeal  shows 
the  following  facts,  which  are  undisputed.  The  village  of  Belknap  is  located  at 
the  crossing  of  the  Rock  Island  and  Wabash  railways  on  the  east  one-half  (i)  of  sec- 
tion thirty-five  (35)  and  the  west  one-half  (i)  of  section  thirty-six  (36)  and  includes 
forty  acres  more  or  less.  '  On  the  twenty-first  of  March,  sixteen  residents  of  Belk- 
nap petitioned  the  township  board  to  form  an  independent  district.  At  the  'irae 
action  was  taken  by  the  board  there  was  on  file  a  petition  signed  by  B.  B.  Shaffer 
and  twenty-two  other  citizens  asking  that  sections  twenty-five  (25) ,  twenty-six  (26) , 
thirty-five  (35) ,  thirty-six  (36)  and  the  east  three-quarters  (f )  of  section  thirty- 
four  (34)  be  included  in  the  proposed  new  district;  also  a  petition  from  A.  J. 
Blankenship  and  five  others  asking  that  the  remainder  of  section  thirty-four  (34) 
and  section  twenty-seven  (27j,  less  the  northwest  quarter  (i)  of  the  northwest 
•quarter  (i) ,  together  with  the  southeast  quarter  (i)  of  the  southeast  quarter  (i) 
Di  section  twenty-two  (22)  be  included  in    the   Independent   District  of   Belknap. 


76  SCHOOL  LAW    DECISIONS. 

B,  B.  Shaffer  and  P.  H.  Burns  presented  an  amendment  to  the  original  ShaflFer 
petition  asking  that  it  be  amended  by  striking  out  the  north  one-half  (i)  of  sec- 
tion twenty-five  (25).  The  record  however  fails  to  show  that  the  amendment  was 
filed  with  the  board  of  directors. 

With  these  petitions  before  it,  what  was  the  duty  of  the  board? 

We  regard  the  construction  of  section  2794  so  important  that  it  was  submitted 
to  Hon.  Milton  Remley,  attorney-general,  for  his  opinion.  He  says  in  part: 
*'The  language  of  the  section  relating  to  the  duties  of  the  board  is  as  follows: 
'Such  board  shall  establish  the  boundaries  of  a  proposed  independent  district, 
including  therein  all  of  the  city,  town  or  village,  and  also  such  contiguous  terri- 
tory as  is  authorized  by  a  written  petition  of  a  majority  of  the  resident  electors  of 
the  contiguous  territory  proposed  to  be  included  in  said  district  in  not  smaller 
subdivisions  than  entire  forties  of  land  in  the  same  or  in  an  adjoining:  school 
township,  as  may  best  subserve  the  convenience  of  the  people  for  school  purposes, 
and  shall  give  the  same  notices  of  a  meeting  as  is  required  in  other  cases.' 

"The  board  of  directors  of  the  school  township  is  elected  by  the  people  of  the 
entire  township.  They  may  have  interests  antagonistic  to  the  formation  of  an 
independent  district.  There  seems  to  be  but  little  left  to  the  discretion  of  the  board. 
They  are  required  to  include  therein  all  of  the  contiguous  territory  proposed  to  be 
included  in  said  district  in  not  smaller  subdivisions  than  forty  acres  of  land.  It 
seems  to  be  obligatory  upon  them  to  include  the  territory  pe'.itioned  for,  except 
where  the  proposed  boundary  line  would  divide  forty  acres  of  land,  according  to 
the  government  survey.  They  might,  however,  in  case  the  convenience  of  the 
people  of  some  subdistrict  left  out  of  the  proposed  independent  district  demanded 
it,  include  more  territory  than  was  described  in  the  petition.  The  circumstances 
might  be  such  that  a  few  families,  after  the  proposed  independent  district  was 
carved  out  of  the  school  township,  would  be  practically  left  without  school  privi- 
leges. The  law  seems  to  require,  in  fixing  the  boundaries,  that  all  of  the  contiguous 
territory  petitioned  for  shall  be  included ,  but  does  not  even  inferentially  prevent 
the  board  of  directors,  in  fixing  the  boundaries,  from  including  some  not  petitioned 
for. 

"I  think  the  statute  is  mandatory,  requiring  the  boundaries  to  be  established  by 
the  directors,  which  boundaries  shall  include  all  territory  petitioned  for,  and  as 
much  more  as  the  judgment  of  the  board  of  directors  shall  deem  necessary  to  sub- 
serve the  convenience  of  the  people  for  school  purposes  It  is  also  mandatory  upon 
the  board  to  give  notice  of  the  meeting  at  which  the  people  may  vote." 

To  the  question,  '  'In  case  an  appeal  is  taken  to  the  county  superintendent  from 
the  action  of  the  board  in  refusing  to  establish  boundaries,  should  the  county 
superintendent  consider  both  the  convenience  of  the  people  and  the  petition  pre- 
sented by  the  majority  of  the  electors,  or  is  he  limited  to  the  petition  alone?" 

His  reply  is:  "He  can  exercise  no  power  not  given  by  statute  to  the  board  of 
directors,  and  can  make  such  order  as  the  board  of  directors  should  have  made. 
In  adding  any  territory  not  embraced  within  the  petition  he  should  certainly  con- 
sider the  convenience  of  the  people,  both  in  the  proposed  independent  district,  and 
also  the  convenience  of  any  who  are  left  in  a  school  township;  but  like  the  board 
of  the  district  township,  he  would  not  be  authorized  to  omit  any  of  the  territory 
included  within  the  petition  from  the  proposed  independent  district.  He  is  not, 
however,  limited  any  more  than  the  board  would  be  by  the  petition  in  regard  to 
adding  to  the  proposed  independent  district  land  not  included  in  the  petition." 

Since  it  is  the  duty  of  the  board  and  the  superintendent,  in  case  of  appeal,  to 
include  in  the  proposed  district  at  least  all  of  the  contiguous  territory  petitioned  for, 
it  only  remains  for  us  to  do  likewise.  Our  opinion  is  not  final,  however.  The 
voters  themselves  are  to  determine  whether  or  not  they  desire  a  separate  organiza- 
tion.    A  careful  consideration  of  the  fa.ts  in  the  case  leads  us  to  the  opinion  that 


SCHOOL   LAW  DECISIONS.  77 

the  formation  of  the  independent  district  of  Belknap  is  desirable;  that  it  will  accom- 
modate well  a  large  number  of  children.  At  no  distant  day  a  graded  school  will 
be  provided,  and  with  modern  equipment  and  trained  teachers,  pupils  will  enjoy 
advantages  superior  to  those  now  granted  them. 

In  harmony  with  the  petitions  of  the  electors  and  the  ruling  of  the  attorney- 
general,  it  is  therefore  ordered  that  the  independent  district  of  Belknap  be  consti- 
tuted to  contain  sections  twenty-five  (25) ,  twenty-six  (26) ,  twenty-seven  (27) ,  less 
the  northwest  quarter  (X)  ot  the  northwest  quarter  (^)  thirty-four  (34),  thirty- 
five  (35),  thirty-eight  (38),  and  the  southeast  quarter  (X)  of  the  southeast  quarter 
(X)  of  section  twenty-two  (22)  of  Soap  Creek  township.  It  is  further  ordered 
that  in  accordance  with  section  2794  the  board  shall  take  the  necessary  steps  to 
provide  for  the  holding  of  any  election.  The  same  to  be  held  before  November  1, 
1898.  Reversed. 

*  RICHARD  C.  BARRETT, 

Superintendent  of  Public  InUruction . 

Des  Moines,  Iowa,  Oct.  1,  1898. 

J.  L.  MuNN  V.  School  Township  of  Soap  Creek. 
Appeal  from  Davis  County. 

APPLICATION  FOR   REHEARING. 

New  Questions.  Questions  not  raised  at  the  hearing  before  the  county  superin- 
tendent nor  before  the  superintendent  of  public  instruction  at  the  time  the  appeal 
was  heard  by  him  cannot  be  considered  for  the  first  time  on  an  application  for  a 
rehearing. 

Rehearing.  The  application  for  a  rehearing  will  be  denied  unless  sufficient 
reasons  have  been  presented  warranting  a  change  in  the  former  opinion . 

Application  for  a  rehearing  in  the  above  entitled  case  is  now  made  by  the 
appellee,  the  district  township  of  Washington,  on  the  ground  that  '  'this  case  does 
not  decide  whether  or  not  an  appeal  lies  where  a  board  fails  to  take  action."  A 
review  of  the  case  shows  that  the  board  did  act.  It  declined  to  establish  the 
boundaries  of  the  proposed  independent  district  of  Belknap.  We  do  not  under- 
stand that  counsel  contends  otherwise. 

Affidavit  of  appellant  Munn,  made  in  taking  appeal  from  the  decision  of  the 
board,  says:  "The  school  board  of  said  school  township  rendered  a  decision 
refusing  to  grant  \hQ petitions  of  residents  of  Belknap  and  contiguous  territory.'* 
Again,  quoting  from  affidavit:  "Said  board  erred  in  that  they  have  no  legal  dis- 
cretion in  said  matter,  and  should  have  granted  the  independent  district  as  asked 
for  by  said  petitions. ' ' 

Attorney  for  appellee  argues  that  only  the  single  petition  from  the  village  of 
Belknap  was  refused  and  that  others  from  contiguous  territory  are  now  before  the 
board  and  may  be  called  up  and  passed  upon  at  any  meeting.  This  point  was 
presented  both  orally  and  in  written  argument  by  counsel,  and  was  given  due  con- 
sideration before  announcing  former  decision. 

In  the  case  of  Johnson  v.  School  Township  of  Utica,  appeal  from  Chicksaw 
county,  the  board  had  before  it  at  its  September  meeting  a  petition  requesting  the 
formation  of  a  new  subdistrict.  Without  action  the  board  adjourned  to  consider 
the  petition  the  following  February.  At  the  trial  before  the  county  superintendent 
motion  was  made  to  dismiss  the  case  on  the  ground  that  the  petition  was  still 
before  the  board.  The  motion  was  overruled  by  the  county  superintendent.  On 
appeal,  this  department,  we  think,  rightly  sustained  the  lower  tribunal. 

In  the  case  before  us  no  action  of  the  board  could  have  barred  more  effectually 
the  formation  of  the  independent  district.     That  petitions  from  contiguous  terri- 
tory were  before  the  board  has  not  been  questioned. 
•For  decisif'n  of  supieme  court  in  this  case,  see  no  Io«vs,  653. 


78  SCHOOL    LAW    DKUiblUiNS. 

Our  attention  is  again  called  to  the  time  in  which  the  organization  of  the  inde- 
pendent district  may  be  completed.  No  sufficient  reason  has  been  presented  to 
warrant  us  in  changing  our  opinion  in  regard  to  this  point. 

The  other  question,  whether  or  not  the  village  of  Belknap  has  sufficient  popu- 
lation, was  not  raised  at  the  hearing  before  the  county  superintendent  nor  this 
department  and  may  not  be  considered  now. 

The  foregoing  review  disposes  of  the  material  points  involved  in  the  motion 
for  rehearing. 

This  department  might  have  reversed  the  decision  of  the  county  superintendent 
and  remanded  the  case  to  the  board  with  instructions  to  establish  the  boundaries 
of  the  proposed  district  in  accordance  with  the  opinion  of  the  attorney-general. 
Had  this  been  done  the  only  course  for  the  board  to  pursue  would  have  been  to  fix 
the  boundaries  of  the  district  including  all  contiguous  territory  petitioned  for.  The 
course  adopted  appeared  to  be  the  more  speedy  and  for  that  reason  was  chosen. 

As  previously  stated,  our  decision  is  not  final.  The  law  wisely  leaves  the  final 
settlement  covering  the  formation  of  districts,  in  such  cases  as  this,  to  the  voters 
themselves.  If  those  residing  upon  the  outside  territory  proposed  to  be  included, 
desire  to  vote  separately  on  the  proposition,  they  may  do  so.  Should  a  majority 
of  the  votes  cast  on  such  outside  territory  be  against  the  proposed  district,  it  shall 
not  be  formed. 

The  application  for  rehearing  is  Denied. 

Richard  C.   Barrett, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  October  18,  1898. 


J.J.  Griffith  and  L.  C.  Knight  v.  School  Township  of  Middlefork. 
Appeal  from  Ringgold  County. 

Schoolhoush  Site.  Other  things  being  equal,  a  site  in  the  geographical  center 
of  the  district  should  be  chosen . 

Cost  of  New  Site.  The  fact  that  the  selection  of  a  new  site  would  involve  the 
expenditure  of  money  for  improvements,  etc.,  should  not  unduly  influence  the 
board  when  such  site  is  suitable  and  in  the  geographical  center. 

This  case  involves  the  relocation  of  a  schoolhouse  site  in  subdistrict  Number  3, 
Middlefork  township. 

The  district  consists  of  five  sections  two  miles  in  width  by  two  and  one-half  miles 
in  length.     The  site  now  owned  by  the  district  is  eighty  rods  north  of  the  center. 

While  the  transcript  is  not  perfect,  there  is  in  it  enough  to  enable  us  to  gain 
sufficient  knowledge  upon  it  to  pass  an  opinion.  Exhibit  "B"  shows  that  J.  J. 
Griffith,  L.  C.  Knight  and  twelve  other  electors  and  patrons  of  the  subdistrict 
petitioned  "that  the  schoolhouse  site  be  located  at  the  center  of  said  district,  or 
as  near  the  center  as  convenient." 

The  request  of  petitioners  was  reasonable.  They  were  acting  in  perfect  har- 
mony with  the  law  which  provides  that  boards  of  directors  '  'may  fix  the  site  for 
each  schoolhouse,  taking  into  consideration  the  geographical  position,  number  and 
convenience  of  the  scholars." 

The  vote  to  grant  request  of  appellants  was  a  tie.  One  member  of  the  board 
having  left,  a  vote  to  locate  on  the  old  site  carried  by  a  majority  of  one.  On 
appeal  the  action  of  the  board  was  affirmed  by  the  county  superintendent.  A 
careful  reading  of  the  evidence  leads  us  to  the  conclusion  that  a  site  at  or  near  the 
geographical  center  should  have  been  chosen.  With  all  members  of  the  board 
present  the  sentiment  was  equally  divided. 

The  testimony  of  two  members  of  the  board  who  voted  in  favor  of  the  old  site 
is  significant.     The  president  of  the  board  in  his  affidavit  of  rebuttal  says:      '  'My 


SCHOOL   LAW    DECISIONS.  79 

recollection  is  that  I  stated  to  them  (witnesses)  that  the  schoolhouse  should  go  to 
the  center  if  it  was  a  fit  place,  and  that  I  did  not  intend  to  have  it  go  there  if  I 
could  help  it." 

Just  why  the  president  of  the  board  of  directors  should  oppose  locating  a 
schoolhouse  in  the  geographical  center  of  the  district  is  not  clear.  It  cannot  well 
be  denied  that  other  things  being  equal,  a  site  in  the  center  of  the  district  should 
be  chosen.  A  careful  reading  of  the  testimony  shows  that  a  site  can  be  obtained 
nearer  the  center  than  that  selected. 

The  subdirector  in  Number  4  testifies:  "I  knew  we  would  have  to  condemn 
the  site  and  pay  damages  if  we  changed  to  a  new  site." 

Wise  economy  on  the  part  of  school  boards  is  always  to  be  commended,  but  the 
welfare  and  convenience  of  pupils  should  not  be  overlooked.  We  cannot  concur  in 
the  apparent  view  taken  that  a  site  a  quarter  of  a  mile  from  the  center  must  bo 
chosen  to  avoid  condemning  a  new  one  and  paying  for  same.  Members  of  the 
board  noted  that  a  new  site  would  have  to  be  purchased,  a  well  made,  trees 
planted  and  outbuildings  erected,  and  seemingly  allowed  these  facts  to  unduly 
influence  their  vote. 

We  very  reluctantly  interfere  with  the  action  of  the  board  and  the  decision  of 
the  county  superintendent.  It  is  only  because  we  are  anxious  that  all  patrons  of 
the  district  may  have  reasonable  school  facilities  that  we  do  so. 

It  is  ordered  that  a  site  be  obtained  at  the  geographical  center  eighty  rods  south 
of  the  present  one.  If  for  any  reason  it  is  found  impracticable  to  do  this,  the 
board  is  authorized  to  choose  the  most  desirable  site  not  to  exceed  fifty  rods  south 
of  the  residence  of  Mr.  L.  Maloy.  Reversed. 

Richard  C.  Barrett, 
Superintendent  of  Public  Insttuction. 

Des  Moines,  Iowa,  January  7,  1899. 


O.  F.    Hale  v.  School  Township  of  Riverdale. 

Appeal  from  Kossuth  County. 

Appeals.     Should  be  conducted  with  fairness  and  impartiality. 

Time  of  Hearing.  If  the  county  superintendent  cannot  hear  testimony  for 
both  parties  at  the  time  set  for  such  hearing,  he  should  give  the  parties  ample 
time  later  to  make  a  clear  and  full  presentation  of  their  cause. 

At  a  special  meeting  of  the  board  of  directors  held  September  30,  1898,  it  was 
voted  to  change  the  schoolhouse  in  subdistrict  number  one,  from  the  present  site 
to  a  point  one  mile  west.  From  the  decision  rendered,  O.  F.  Hale  appealed  to 
the  county  superintendent,  who  affirmed  the  board's  action. 

In  appealing  to  the  Superintendent  of  Public  Instruction,  appellant  alleges 
errors  as  follows: 

1st.  He,  the  county  superintendent,  failed  to  take  into  consideration  the 
geographical  position,  number  and  convenience,  of  the  scholars  and  residents  of 
the  subdistricts,  as  required  by  section  2773,  Code  of  1897. 

2d.  That  the  trial  being  set  for  1  p.  m.  on  October  27th,  he  failed  to  appear 
until  about  4  p.  m.  and  then  conducted  the  trial  in  such  haste  and  evident 
impatience  as  to  embarrass  appellant  whose  witnesses  had  returned  to  their  homes 
before  the  superintendent's  arrival,  and  thus  prevented  him  from  fully  present- 
ing his  case. 

3d.  That  he  refused  to  allow  your  appellant  to  argue  his  case  and  adjournad 
the  trial  without  affording  appellant  an  opportunity  to  fully  present  his  case. 


gQ  SCHOOL   LAW    DECISIONS. 

It  is  due  all  parties  in  controversy  that  appeals  be  conducted  with  impartiality. 
The  law  expressly  declares  that  notice  of  the  time  and  place  of  hearing  appeals 
shall  be  sent  in  writing  by  the  county  superintendent  to  all  parties  adversely  inter- 
ested.    It  is  expected  that  the  utmost  fairness  will  be  shown. 

A  failure  on  the  part  of  the  county  superintendent  to  appear  at  the  appointed 
hour  set  for  hearing  the  case,  is  not  an  error  of  great  consequence,  provided 
ample  time  is  given  all  parties  to  make  a  clear  and  complete  presentation  o£  their 
cause. 

We  find  no  denial  of  errors  charged  and  are  disposed  to  remand  the  case  to  the 
county  superintendent  with  the  suggestion  that  he  fix  a  time  in  the  near  future  for 
hearing  the  case  anew,  and  give  notification  to  interested  parties  as  provided  by 
statute. 

Having  heard  the  testimony,  and  considered  the  geographical  position,  number 
and  convenience  of  the  pupils,  he  shall  then  make  such  decision  as  may  appear 
just  and  equitable.  Remanded. 

Richard  C.  Barrett, 

February  3,  1899.  Superintendent  of  Public  Instruction. 


Irving  J.  Johnston  v.  Independent  District  of  Sanborn. 
Appeal  from  O'Brien  County. 

Restoration  of  Territory.  The  refusal  of  a  board  of  directors  of  an  inde- 
pendent district  to  concur  in  the  restoration  of  certain  territory  may  not  be 
reversed  except  when  clearly  shown  that  such  refusal  was  an  abuse  of  discretion. 

County  Attorney.  It  is  not  only  wise  but  in  conformity  with  law  for  the  county 
superintendent  to  consult  the  county  attorney  before  deciding  an  appeal. 

The  proceedings  in  this  case  are  founded  upon  section  2792  of  the  Code  of 
1897  and  is  brought  to  have  several  sections  of  land  now  included  in  the  Indepen- 
dent District  of  Sanborn  restored  to  the  school  township  of  Summit  to  which  they 
geographically  belong. 

The  section  to  which  reference  is  made  above  provides  that  territory  so  situated 
may  be  restored  by  the  concurrent  action  of  the  boards  of  directors,  and  shall  be 
so  restored  upon  petition  of  two-thirds  of  the  electors  residing  upon  the  territory 
proposed  to  be  set  off,  provided  the  school  corporation  that  is  to  receive  back 
the  territory  and  the  county  superintendent  concur. 

The  transcript  forwarded  in  this  case  is  very  complete .  It  shows  that  a  peti- 
tion signed  by  two-thirds  of  the  electors  was  presented  to  the  board  of  directors  of 
the  school  township  of  Summit  and  the  territory  accepted.  For  some  reason  not 
apparent,  it  was  not  then  presented  to  the  county  superintendent,  but  was  laid 
before  the  board  of  directors  of  the  Independent  District  of  Sanborn.  Said  board 
failing  to  act,  an  action  was  brought  at  the  May  term  of  the  district  court  in  1898 
to  compel  action.  In  response  to  the  court's  order  the  board  met  and  considered 
the  petition  on  the  eighteenth  of  June  and  rejected  the  same. 

From  the  decision  of  the  board  Irving  J.  Johnston  et  al.  appealed  to  the  county 
superintendent  who  affirmed  the  order  of  the  board,  and  said  parties  now  appeal 
to  the  Superintendent  of  Public  Instruction. 

In  all  cases  of  appeal  the  county  superintendent  is  charged  to  make  such 
decision  as  may  be  just  and  equitable.  It  is  alleged  that  the  decision  rendered  is 
not  that  of  the  county  superintendent,  but  one  given  by  the  county  attorney.  We 
cannot  concur  in  the  view  taken  by  counsel  for  appellants.  It  is  not  denied, 
however,  that  the  county  attorney  did  submit  to  the  county  superintendent  an 
opinion.  In  fact  the  complete  opinion  of  the  county  attorney  is  made  apart  of  the 
transcript.     Having  heard  the  evidence,   we  think  she  acted  wisely  and  ia  oon- 


SCHOOL  LAW   DECISIONS.  81 

forraity  with  law  in  requesting  the  county  attorney  for  the  correct  iaterpretation 
of  the  law  relating  to  the  issues,  before  deciding  the  appeal. 

It  is  also  alleged  that  the  county  superintendent  erred  in  refusing  to  concur 
with  the  board  of  directors  of  the  school  township  of  Summit  as  provided  in  sec- 
tion 2792.  A  careful  reading  of  the  transcript  convinces  us  that  the  appeal  is  not, 
in  this  instance,  from  the  action  of  the  county  superintendent  in  refusing  to  con- 
cur, but  from  her  decision  in  affirming  the  order  of  the  board  of  directors  in 
rejecting  appellant's  petition. 

The  question  to  be  determined  then  is  whether  the  board  of  directors  of  the 
Independent  District  of  Sanborn  in  refusing  to  concur  in  the  restoration  of  territory 
abused  its  discretion  or  violated  law.     The  latter  is  not  claimed. 

It  is  contended  that  the  restoration  of  the  territory  is  desired  in  order  that 
additional  school  facilities  may  be  provided  for  the  children  of  the  school  town- 
ship of  Summit.  Such  moiives  are  commendable.  Doubtless,  the  refusal  to 
consent  to  the  transfer  of  territory  is,  in  part,  for  the  reason  that  better  school 
facilities  are  provided  appellants  by  the  board  of  directors  in  the  Independent  Dii- 
trict  of  Sanborn. 

As  a  part  of  the  Independent  District  of  Sanborn  those  residing  upon  the  terri- 
tory in  question  enjoy  several  advantages.  Among  them  is  that  of  attending  a 
well  graded  school  in  which  is  taught  not  only  the  common  school  branches,  but 
the  advanced  studies  as  well.  Again,  if  territory  is  detached  it  becomes  necessary 
for  pupils  to  travel  from  the  town  while  now  not  infrequently  conveyances  in  the 
regular  order  of  business  carry  children  both  to  and  from  school.  That  these 
advantages  are  appreciated  is  evidenced  by  the  remonstrance  signed  by  all  but 
one  of  the  present  electors  having  children  of  school  age,  and  presented  to  the 
board  of  directors  of  the  Independent  School  District  of  Sanborn  prior  to  its  action 
on  the  eighteenth  of  June. 

If  pupils  of  the  school  township  of  Summit  are  not  enjoying  school  facilities 
such  as  are  most  profitable  and  the  board  is  desirous  of  securing  increased  advan- 
tages, it  may  arrange  with  any  person  outside  the  board  for  their  transportation  to 
and  from  school  in  the  .same  or  in  another  corporation.  Expense  incurred  for 
such  services  may  be  paid  from  the  contingent  fund. 

Having  carefully  considered  all  of  the  facts  and  circumstances  entering  into  the 
merits  of  the  case,  we  can  find  no  reason  to  warrant  us  in  disturbing  the  decision 
of  the  county  superintendent  or  setting  aside  the  action  of  the  board. 

Affirmed. 
RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  Feb.  8,  1899.  Superintendent  of  Public  Instruction. 


E.  F.  Bacon  v.  The  Independent  District  of  West  Des  Moinks. 

Appeal  from  Polk  County. 

Expulsion  of  Pupils.  Pupils  may  be  expelled  by  the  board  for  immorality, 
violation  of  the  regulations  and  rules  established  by  the  board,  or  when  their 
presence  is  detrimental  to  the  best  interests  of  the  school. 

Jurisdiction.  The  board  of  directors  of  a  school  corporation  have  no  jurisdic- 
tion over  children  after  the  termination  of  the  school  year. 

Existing  School.  The  order  expelling  a  scholar  must  be  from  an  exitting 
school.  The  scholar's  relationship  with  the  school  is  severed  when  thu  school 
year  has  closed  and  vacation  has  begun. 

The  facts  presented  for  consideration  in  this  case  show  that  on  the  third  day  of 
June,  1898,  the  superintendent  of  the  West  Des  Moines  city  schools,  in  accord- 
ance with  the  provisions  of  section  2782  of  the  Code,  notified  the  president  of  the 


82  SCHOOL  LAW   DECISIONS. 

board  of  directors  of  the  suspension  of  certain  pupils,  among  them  Julius  Bacon, 
«on  of  the  appellant,  for  acts  of  disorder,  insubordination,  and  for  conduct  detri- 
mental to  the  best  interests  of  the  school.  On  the  sixth  day  of  June  the  board  of 
directors  met  in  regular  session  and  was  addressed  by  the  appellant  in  behalf  of 
his  son.  Several  of  the  suspended  pupils  present  also  spoke,  acknowledged  their 
wrong  and  asked  for  reinstatement.  Julius  Bacon  acknowledged  his  error  but 
pleaded  extenuating  circumstances .  The  board  then  adjourned  without  action  until 
June  13th,  a  week  after  the  close  of  the  school  year,  at  which  time  Bacon  was 
expelled  for  one  year  from  June  3,  1898,  and  the  others  from  four  to  seven  months. 
From  the  action  of  the  board  E.  F.  Bacon  appealed  to  the  county  superintendent 
who  heard  the  case  in  regular  form  and  affirmed  the  action  of  the  board.  Appel- 
lant now  appeals  to  the  Superintendent  of  Public  Instruction. 

The  law  provides  that  the  board  of  directors  may  expel  any  scholar  from 
school;  first,  for  immorality;  second,  for  violation  of  rules;  third,  when  the  pres- 
ence of  the  scholar  is  detrimental  to  the  best  interests  of  the  school. 

To  warrant  the  board  in  exercising  its  expulsive  power  it  is  not  necessary  that 
the  scholar  be  a  corruptor  of  youth,  or  a  flagrant,  or  a  persistent  violator  of  the 
established  rules.  It  may,  if  occasion  requires,  sumnarily  expel  a  pupil  whose 
presence  is  considered  harmful  to  the  best  welfare  of  the  school. 

To  deprive  a  pupil  of  school  privileges  however  is  an  act  of  so  much  conse- 
quence that  it  should  be  decided  upon  only  after  all  the  circumstances  entering 
into  the  case  have  been  thoughtfully  weighed. 

The  provision  authorizing  boards  to  expel  when  the  presence  of  any  scholar  is 
harmful  is  a  recent  enactment.  Formerly  courts  held  that  pupils  could  be 
expelled  from  school  only  as  a  punishment  for  breach  of  discipline  or  for  offenses 
against  good  morals. 

Instances  have  arisen  where  pupils  intellectually  the  superior  of  their  associates 
and  possessed  of  high  ideals  in  many  respects  have,  without  displaying  a  spirit  of 
insubordination  themselves  or  openly  disregarding  the  expressed  wishes  of  those 
placed  over  them,  become  leaders  and  incited  others  to  open  revolt  against  the 
■chool  authorities.  Recognizing  the  weakness  of  the  former  provisions  of  law  to 
deal  with  such  cases,  the  General  Assembly  in  revising  the  Code  inserted  the  third 
division  above  given  in  order  that  boards  could  protect  the  interests  intrusted  to 
them.  While  the  provision  is  an  excellent  one,  the  power  conferred  by  it  should 
always  be  exercised  with  great  care  and  within  proper  and  legal  limits. 

Several  questions  are  presented  to  us  for  consideration  by  counsel  for  appellant. 
In  view  of  the  construction  we  feel  obliged  to  put  upon  section  2782  it  is  only 
necessary  to  determine  the  question:  Has  the  board  of  directors  of  a  school  cor- 
poration jurisdiction  over  children  after  the  termination  of  a  school  year  as  detei- 
mined  by  the  board  of  directors? 

We  are  unable  to  find  that  this  question  has  ever  been  determined  by  the 
supreme  court  of  our  state;  hence  to  a  certain  extent  reliance  is  placed  upon  the 
holdings  of  the  judicial  tribunals  in  other  states.  In  a  Nebraska  case  given  in 
48  Northwestern  Reporter  we  find  that  an  attempt  was  made  to  show  that  the 
board  was  justified  in  expelling  a  pupil  because  of  an  alleged  insubordination. 
In  answer  to  the  allegation  the  courts  said:  *  'But  the  charge  even  if  true  relates 
to  her  conduct  during  a  former  term  of  school.  We  need  not  determine  therefore 
whether  the  testimony  sustains  that  charge  or  not . "  Here  the  court  declined  to 
consider  alleged  charges  of  insubordination  because  they  were  committed  at  & 
Urfn  of  school  having  previously  closed. 

The  statute  says  that  the  board  of  directors  have  power  to  "expel  any  scholar 
from  school".  This  language  evidently  means  that  before  a  boa?d  of  directors 
may  issue  a  valid  order  expelling  a  scholar  from  school,  there  must  be  an  existing 
ichool  and  also  a  scholar  to  be  expelled  therefrom . 


SCHOOL   LAW  DECISIONS,  33 

The  transcript  shows  that  all  school  exercises  for  the  year  had  closed ,  contracts 
had  expired  and  teachers  were  released. 

While  boards  of  directors  are  charged  with  the  making  of  rules  for  the  govern- 
ment of  schools,  we  are  not  disposed  to  hold  that  the  law  authorizes  them  to 
exercise  control  over  teachers  and  pupils  during  vacation.  Notwithstanding  the 
fact  that  the  board  in  this  case  ordered  one  pupil  expelled  for  four  months,  three 
of  which  are  for  the  vacation  months  of  June,  July  and  August,  we  are  not  fully 
satisfied  that  the  board  claims  such  authority  or  wishes  to  be  charged  with  the 
Responsibility.     If  such  is  the  view  taken,  however,  it  cannot  be  sustained. 

Julius  Bacon  had  been  a  scholar  the  past  year  but  the  relationship  was  severed 
at  the  time  of  the  board's  action.  There  is  nothing  to  indicate  that  he  would 
present  himself  and  claim  school  privileges  at  the  opening  of  the  next  year. 

We  are  always  gratified  when  we  can  affirm  the  decision  of  a  county  super- 
intendent who  has  sustained  a  discretionary  act  of  a  board.  A  statement  of  fact 
such  as  was  in  this  case  presented  to  the  county  superintendent  for  his  consider- 
ation would  warrant  an  affirmance  of  a  board's  action  in  expelling  a  pupil  for  a 
reasonable  time,  if  jurisdiction  were  not  questioned. 

Inasmuch  as  there  was  no  school  and  consequently  no  scholars  we  can  only 
find  that  Julius  Bacon  was  not  subject  to  the  authority  of  the  board  of  directors  of 
the  school  corporation  of  West  Des  Moines  and  could  not  therefore  be  e«ipelled. 
The  decision  of  the  county  superintendent  is  Reversi  d  . 

RICHARD  C.  BARRETT, 
Des  Moines,  la.,  March  18,  1899.  Superintendent  of  Public  Instruction. 


E.  F.  Bacon  v.  Independent  School  District  of  West  Des  Moines. 

Appeal  from  Polk  County. 

Application  for  Rehearing. 

Oral  Argument.     The  failure  of  counsel  for  appellee  to  present  oral  argument, 
after  being  informed  of  the  hearing,  will  not  justify  a  reopening  of  the  case. 

Rehearing.     To  warrant  the  superintendent  of  public  instruction  in  granting  a 
rehearing  it  must  be  shown  that  some  very  serious  error  has  been  made. 

The  attorney  for  the  appellee  comes  now  and  asks  for  a  rehearing  in  the  above 
cause  for  the  reason  "that  the  sole  question  considered  by  the  state  superintendent 
was  one  upon  which  this  appellee  was  not  heard  in  oral  argument  before  him." 

For  many  years  it  has  been  the  custom  of  the  department  of  public  instruction 
in  hearing  appeal  cases  to  notify  interested  parties.  The  office  record  shows  that 
both  appellant  and  counsel  for  appellee  were  notified  of  the  time  set  for  final  hear- 
ing. The  failure  of  counsel  for  appellee  to  present  oral  argument  after  being  duly 
informed  of  the  hearing  will  not  justify  the  department  in  reopening  the  case. 

It  is  somewhat  doubtful  whether  under  the  law  a  rehearing  is  contemplated  or 
possible.  An  examination  of  the  statute  fails  to  reveal  any  direct  provision  author- 
izing the  same,  while  section  2820  relating  to  appeals  to  the  superintendent  of  public 
instruction  says:  "The  decision  when  made  shall  be  final."  Doubtless,  upon 
being  convinced  that  a  decision  rendered  was  erroneous,  either  the  county  super- 
intendent or  superintendent  of  public  instruction  might  recall  the  same  and  reverse 
or  modify  former  holdings.  To  warrant  either  of  these  officers  in  reopening  a 
case,  it  must  be  shown  that  some  very  serious  error  has  been  made,  or  that  some 
additional  testimony  has  been  discovered  which  could  not  have  been  presented  at 
the  former  hearing  by  using  reasonable  diligence.  See  case  of  Mary  Grey  v.  Inde- 
pendent District  of  Boyle,  S.  L.  1897. 

In  response  to  the  application  for  a  rehearing  a  willingness  to  receive  and  con- 
sider a  written  argument  which  counsel  for  appellee  might  submit  touching  ♦he 


84  SCHOOL  LAW   DECISIONS. 

poiQt  determined  in  our  former  decision  was  expressed  by  the  superintendent  of 
public  ins' ruction.  Before  rendering  our  decision  of  March  18,  189P),  all  of  the 
material  points  suggested  were  fully  and  carefully  considered.  Since  the  receipt 
of  counsel's  argument  we  have  reviewed  the  case  and  read  with  care  the  cases 
cited,  and  believe  that  nothing  would  be  accomplished  by  a  rehearing. 

The  application  is  Denied. 

RICHARD  C.  BARRETT, 
Superintendent  of  Public  Instruction . 
Des  Moines,  Iowa,  June  1,  1899. 


W.  H.Messnek  an'd  Foster  Riglerv.  The  School  Township  of  Bear  Grove. 

Appeal  from  Guthrie  County. 

Bond  for  Costs.  The  law  does  not  require  the  filing  of  a  bond  for  costs  or  the 
giving  of  security  therefor  as  a  condition  necessary  to  perfect  an  appeal. 

Expense  of  Appeals.  It  is  the  evident  intent  of  the  law  to  make  it  possible  for 
aggrieved  parties  to  have  a  hearing  with  the  least  possible  delay  and  annoyance, 
and  at  the  lowest  expense. 

This  case  arises  from  the  action  of  the  board  of  directors  of  the  school  town- 
ship of  Bear  Grove  to  redistrict  the  same. 

From  the  board's  action  the  appellants  appealed  to  the  county  superintendent. 
In  accordance  with  the  statute  the  secretary  of  the  board  of  directors  filed  a  transcript 
of  the  board's  proceedings  March  15th.  On  the  twenty-second  of  March  the  county 
superintendent  notified  appellants  that  the  appeal  was  not  perfected,  and  that 
unless  bonds  for  the  costs  were  executed ,  filed  and  approved  within  twenty  days 
from  the  date  of  notice  the  appeal  would  be  dismissed  and  the  action  of  the  board 
of  directors  affirmed.  On  the  eleventh  of  April,  the  appellants  having  failed  to  com- 
ply with  the  order  of  the  county  superintendent  the  appeal  was  dismissed  and  the 
order  of  the  board  redistricting  the  township  affirmed.  From  this  order  appeal  is 
now  taken  to  this  department. 

Appellant's  appeal  from  the  ruling  of  the  county  superintendent  in  dismissing 
the  appeal  case,  affirming  the  action  of  the  board,  and  in  requiring  them  to  give 
bonds  for  costs: 

1 .  Because  the  county  superintendent  erred  in  requiring  appellants  to  give  bond 
for  costs. 

2.  Because  said  ruling  and  action  is,  in  fact,  a  denial  of  justice,  in  that  it  pre- 
vents appellants  from  having  a  trial  and  hearing  as  provided  by  law. 

An  exammation  of  the  law  relating  to  the  taking  of  appeals  from  the  action  of 
a  board  of  directors  to  the  county  superintendent  fails  to  show  any  requirement 
demanding  a  bond  for  costs  from  any  of  the  parties  in  controversy.  So  far  as  we 
are  able  to  learn,  the  only  reference  to  costs  in  cases  appealed  to  the  county  super- 
tendent,  is  that  contained  in  section  2821,  which  reads:  "But  if  the  superin- 
tendent is  of  the  opinion  that  the  proceedings  were  instituted  without  reasonable 
cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall  not  be  sustained,  he  shall  enter 
such  findings  in  the  record  and  tax  all  costs  to  the  party  responsible  therefor." 

The  general  provisions  of  law  touching  the  question  of  costs  are  in  no  sense 
applicable  to  cases  of  appeal  to  the  county  superintendent  or  the  department  of 
public  instruction.  On  the  contrary,  the  law  provides  that  any  person  aggrieved 
by  any  order  or  decision  of  the  board  of  directors  may  appeal  therefrom  to  the 
county  superintendent,  and  the  basis  of  the  proceedings  shall  be  an  affidavit  filed 
with  the  county  superintendent,  within  the  time  for  taking  the  appeal.  Nowhere 
can  we  find  that  the  county  superintendent  is  authorized  to  establish  a  different 
basis  such  as  the  giving  of  bonds  for  the  security  of  costs.      The  evident  intent  of 


SCHOOL  LAW  DECISIONS  85 

the  law  relating  to  appeals  appears  to  be  to  make  it  possible  for  aggrieved  parties 
to  have  a  hearing  with  the  least  possible  delay  and  annoyance  and  at  the  lowest 
expense. 

Believing  that  the  law  does  not  require  the  filing  of  a  bond  for  costs  or  the 
giving  of  security  therefor  as  a  condition  necessary  to  perfect  an  appeal  taken  from 
the  action  of  the  board  of  directors,  the  decision  of  the  county  superintendent  is 
reversed  and  the  case  is  remanded  with  instructions  to  fix  an  early  date  for  hearing 
the  same  upon  merit.  Reversed  and  Remanded. 

RICHARD  C.  BARRETT, 

June  26,  1899.  Superintendent  of  Public  Instruction. 


Nora  Oelke  v.  R.  C.  Spencer,  County  Superintendent. 

Appeal  from  Audubon  County. 

Good  Moral  Character.  The  county  superintendent  should  require  proof  that 
the  applicant  for  a  certificate  possesses  good  moral  character,  unless  he  has  personal 
knowledge  of  the  same. 

Refusal  of  Certificate.  Good  moral  character  being  one  of  the  essential  qual- 
ifications of  a  teacher,  the  county  superintendent  is  fully  justified  in  refusing  a 
certificate  to  an  applicant  who  fails  to  furnish  satisfactory  evidence  of  such  char- 
acter . 

Normal  Institute.  The  county  superintendent  may  refuse  to  enroll  such  persons 
members  of  the  normal  institute  as  he  has  reason  to  believe  are  morally  deficient. 

County  Superintendent.  Has  large  discretionary  power  in  the  matter  of  issuing 
or  withholding  certificates,  and  his  decision  will  not  be  reversed  unless  it  is  clearly 
shown  that  he  was  prompted  by  prejudice  or  ill-will,  or  acted  with  manifest  injus- 
tice. 

This  case  arises  from  the  refusal  of  the  county  superintendent  to  grant  Nora 
Oelke  a  certificate  to  teach  in  the  public  schools,  and  to  enroll  her  as  a  member  of 
the  normal  institute. 

A  hearing  was  had  on  the  twenty-third  and  twenty-fourth  days  of  August,  1899, 
before  the  superintendent,  who  affirmed  his  former  decision.     Nora  Oelke  appeals. 

The  law  vests  in  the  county  superintendent  large  discretionary  powers  in  the 
matter  of  issiiing  certificates.  He  must  be  fully  satisfied  that  the  applicant  pos- 
sesses scholarship,  teaching  ability,  and  good  moral  character.  Of  the  last  named 
qualification  the  law  makes  it  his  duty  to  require  proof,  unless  he  has  personal 
knowledge  of  the  same. 

Too  great  stress  cannot  be  laid  upon  the  value  of  character  in  the  schoolroom. 
The  teacher's  character  and  public  conduct  should  be  without  reproach.  Section 
2737  of  the  Code  contemplates  that  the  county  superintendent,  among  other  things, 
should  find  as  a  fact  and  so  certify  that  the  person  to  whom  authority  to  teach  is 
granted  is  of  good  moral  character. 

The  county  superintendent,  being  charged  with  this  grave  responsibility,  is 
presumed  to  exercise  his  discretion  justly  and  impartially.  Not  only  is  he  the  sole 
judge  of  the  qualifications  of  those  who  desire  to  teach,  but  also  of  how  fully  he 
will  give  the  applicant  reasons  for  the  refusal  of  a  certificate.  Walker  v.  Crawford^ 
p.  42,  S.  L.  Decisions,  1897. 

There  is  no  evidence  in  this  case  that  the  action  of  the  county  superintendent 
was  prompted  by  prejudice  or  ill-will.  He  privately  cautioned  the  appellant,  as 
well  as  her  father,  against  certain  indiscretions  upon  her  part  which  had  become  a 
matter  of  public  gossip,  without  receiving  any  satisfactory  explanation. 

The  superintendent,  being  a  near  neighbor  to  the  appellant,  formed  his  judg- 
ment as  to  her  fitness  to  teach  in  a  measure  from  personal  observation  of  her  con- 
duct. Although  represented  by  counsel  at  the  hearing  before  the  county  superin- 
tendent, the  evidence  offered  in  her  behalf  is  very  meager.      So  far  as  the  record 


86  SCHOOL   LAW  DECISIONS. 

shows,  no  evidence  whatever  was  offered  to  show  that  she  is  of  good  moral  char- 
acter . 

The  refusal  of  the  county  superintendent  to  permit  appellant  to  enroll  as  a  mem- 
ber of  the  normal  institute,  is  also  assigned  as  error. 

Under  the  law  the  county  superintendent  has  general  charge  and  control  of  the 
normalinstitute.  As  its  head  he  not  only  possesses  the  legal  right,  but  in  our 
opinion  it  becomes  his  duty  to  exclude  from  its  membership  persons  who  are  intel- 
lectually or  morally  unfit  to  attend.  Most  educational  institutions  require  testi- 
monials as  to  character  before  students  are  admitted.  This  rule  is  a  reasonable 
one,  and  the  head  of  a  college  or  normal  institute  would  be  justified  in  refusing  to 
enroll  such  students  as  he  has  reason  to  believe  are  morally  deficient. 

Under  the  law  we  are  compelled  to  give  due  weight  to  the  acts  of  the  county 
superintendent.  His  decision  should  not  be  reversed  unless  it  is  clearly  shown  that 
he  violated  law,  abused  his  discretion,  or  acted  with  manifest  injustice.  The  evi- 
dence fails  to  disclose  that  such  showing  has  been  made. 

The  decision  of  the  county  superintendent  is  therefore  Affirmed. 

RICHARD  C.  BARRETT. 

Des  Moines,  December  15,  1899.  Superintendent  of  Public  Instruction. 


J.  M.  Sutton  v.  The  Independent  District  of  Shelby. 
Appeal  from  Shelby  County. 

Location  of  Schoolhouse  Site.  In  the  location  of  a  schoolhouse  site  the  board 
is  justified  in  considering  the  wishes  of  a  majority  of  the  people  as  indicated  in  the 
vote  upon  the  issuance  of  bonds. 

Expenditure  of  Money.  Where  money  is  voted  by  the  electors  for  a  specific 
purpose,  or  where  they  couple  certain  directions  with  their  vote  when  authorizing 
the  expenditure  of  money,  such  directions  or  vote  may  not  be  disregarded  by  the 
board . 

The  board  of  directors,  being  about  to  erect  a  new  building  to  be  used  for  high 
school  purposes,  were  petitioned  to  locate  the  same  at  a  point  east  of  the  railroad 
track.  From  their  action  in  refusing  to  grant  the  prayer  of  said  petition,  the 
plaintiff  appealed  to  the  county  superintendent,  who,  on  the  twenly-first  day  of 
September,  1899,  affirmed  the  action  of  the  board.  From  that  decision,  appeal  is 
taken  to  this  department. 

It  appears  from  the  evidence  that  in  March,  1899,  the  electors  of  the  Independ- 
ent District  of  Shelby  voted  to  authorize  the  board  to  issue  bonds  in  the  sum  of  six 
thousand  dollars,  "for  the  purpose  of  erecting  an  additional  school  building,  the 
same  to  be  built  of  brick ,  and  purchasing  a  steam  heating  plant  and  placing  it 
therein  and  in  the  present  building  in  said  district,  in  such  a  manner  as  that  both 
the  new  and  the  present  school  building  shall  be  heated  thereby."  It  being  sub- 
sequently found  that  the  amount  first  voted  would  be  insufficient,  the  electors  on 
the  third  day  of  August  voted  an  additional  three  thousand  dollars  upon  the  same 
condition  as  the  first  issue  was  voted. 

We  are  unable  to  find  that  the  board  abused  its  discretion  or  violated  law  in 
rendering  the  decision  complained  of.  The  members  of  the  board  were  evidently 
desirous  of  carrying  out  the  wishes  of  the  people  as  indicated  in  the  vote  upon  the 
issuance  of  bonds.  To  our  mind  it  is  quite  clear  that  the  electors  authorized  the 
issuance  of  bonds  with  the  understanding  that  the  new  building  should  be  erected 
in  close  proximity  to  the  present  one.  Any  other  theory  renders  the  clause,  '  'and 
placing  a  steam  heating  plant  therein  and  in  the  present  school  building  in  such  a 
manner  as  that  both  the  new  and  the  present  buildings  shall  be  heated  thereby," 
practically  meaningless . 

This    department,   as   well  as   the   supreme  court   of  our  state,  has  held  that 


SCHOOL  LAW  DECISIONS.  87 

where  money  is  voted  for  a  specific  purpose,  or  where  the  electors  couple  certain 
directions  with  their  vote  when  authorizing  the  expenditure  of  money,  such  direc- 
tions or  vote  cannot  be  disregarded. 

The  decision  of  the  county  superintendent  is  Affirmed. 

RICHARD  C.  BARRETT, 

Superintendent  of  Public  Instruction . 
Das  Moines,  December  14,  1899. 

J.  E.  Rxjsn  etal.  v.  School  Township  of  Franklin. 

Appeal  from  Allamakee  County. 

Appeal.  An  appeal  may  be  taken  from  the  decision  of  the  board  to  place  a  peti- 
tion on  the  table. 

In  this  case  the  appellants  presented  the  following  petition  to  the  board  of 
directors  of  the  school  township  of  Franklin  at  the  regular  meeting  of  the  board 
of  directors  in  September: 

"We  the  undersigned  citizens  and  residents  of  Franklin,  in  Allamakee  county, 
Iowa,  respectfull\/  represent  that  they  are  without  school  advantages  by  reason  of 
being  so  far  from  a  schoolhouse  that  during  the  winter  season  nearly  all  of  the 
small  children  in  our  neighborhood  have  to  remain  at  home. 

'' That  there  is  a  sufficient  number  of  school  children  of  school  age  in  our 
neighborhood  to  form  a  school  if  a  school  building  could  be  placed  near  the  sec- 
tion corners  of  sections  2,  3,  10  and  11. 

' '  We  therefore  respectfully  ask  that  you  take  such  action  as  will  secure  the 
location  and  erection  of  a  school  building  at  the  corners  of  the  sections  above 
named  and  provide  for  a  school  to  be  held  at  that  point.*' 

The  certified  copy  of  the  transcript  of  the  proceedings  of  the  board  shows  that 
'  'after  much  discussion  it  was  decided  to  place  the  petition  on  the  table  until  the 
next  meeting  of  the  board."  From  this  decision  J.  E.  Rush  et  al.  appealed  to 
the  county  superintendent.  At  the  hearing  before  this  officer  a  motion  to  dismiss 
the  appeal  was  filed  on  the  following  ground,  to  wit: 

*  *  That  there  is  in  the  record  no  grounds  shown  for  an  appeal  in  this — that  the 
action  complained  of  was  simply  a  motion  to  lay  the  petition  on  the  table— a 
matter  from  which  no  appeal  can  be  taken." 

Two  other  counts  are  assigned  but  are  not  of  importance  in  the  determination 
of  this  appeal. 

The  county  superintendent  sustained  the  motion  for  the  reason  "that  the 
action  was  not  appealable ,"  and  dismissed  the  case.  J.  E.  Rush  and  W.  T. 
Roderick  appeal  to  this  department. 

The  main  contention  is:  May  appeal  be  taken  from  the  decision  to  place  the 
petition  on  the  table. 

In  the  case  of  Rogness  v.  District  Township  of  Glenwood,  appeal  from  Winne- 
shiek county,  this  department  held  that  the  right  of  appeal  from  the  vote  of  a 
board  to  lay  a  petition  on  the  table,  cannot  be  questioned,  but  like  any  other 
action  must  be  regarded  as  subject  to  appeal. 

In  this  opinion  we  find  ourselves  in  accord.  To  hold  otherwise  under  condi- 
tions such  ds  are  alleged  to  exist  in  this  case  would,  we  think,  work  great  injury. 
The  purpose  of  the  board  in  laying  the  petition  on  the  table  is  not  apparent,  but 
no  other  action  upon  their  part  could  have  more  effectually  prevented  petitioners 
from  obtaining  relief.  To  sustain  the  decision  of  the  county  superintendent 
would,  we  think,  at  least  be  to  encourage  boards  of  directors  in  employing  dila- 
tory tactics  instead  of  business  methods  in  the  transaction  of  educational  affairs. 

The  law  prescribes  that  boards  of  directors  shall  hold  semi-annual  meetings  in 
September  and  March.     By  section  2801  authority  is  conferred  upon  boards  of 


38  iSUHOOL  LAW  DECISIONS. 

directors  to  divide  the  school  township  into  subdistricts  such  as  iustice,  equity, 
and  the  interests  of  the  people  require.  This  provision  in  the  case  of  Donelon  v. 
The  District  Township  of  Kniest,  was  held  to  mean  that  changes  in  boundaries  of 
subdistricts  could  only  be  made  at  the  regular  September  meeting  or  one  called 
for  that  purpose  before  the  following  March . 

The  order  of  the  board  was  that  the  petition  be  laid  on  the  table  '  'until  the 
next  meeting  of  the  board,"  but  the  records  fail  to  show  that  any  time  was  fixed 
for  the  meeting. 

It  may  be  said  that  a  special  meeting  could  be  called  at  any  time.  This  is  true, 
but  the  fact  that  no  such  meeting  was  held  upto  the  time  of  hearing  the  appeal 
before  the  county  superintendent  on  the  nineteenth  of  December,  and  the  further 
fact  that  appellees  are  now  strenuously  seeking  to  have  this  department  affirm  the 
decision,  is  presumptive  that  the  board  had  no  intention  of  considering  the  inter- 
ests of  petitioners,  prior  to  the  annual  meeting  in  March,  if  at  all. 

In  view  of  the  above  we  think  the  case  should  be  heard  upon  its  merits  by  the 
county  superintendent.  It  is  therefore  ordered  that  he  fix  a  time,  giving  due  and 
proper  notice  to  interested  parties,  and  after  hearing  testimony  for  either  party, 
render  such  decision  as  may  be  just  and  equitable.      Reversed  and  remanded. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  March  27,  1900.      Superintendent  of  Public  Instruction. 


A.  J.  Jones  v.  Independent  District  of  Ocheyedan. 

Appeal  fro7n  Osceola  County. 

Dismissal  of  Teacher.     The  board  may  not  dismiss  a  teacher  for  refusing  to 
teach  grades  or  classes  other  than  those  named  in  the  contract. 

Special  Meeting.     A  teacher  may  not  be  discharged  at  a  special  meeting  called 
for  the  purpose  of  securing  modification  of  his  contract. 

Contract.     A  refusal  of  the  teacher  to  agree  to  a  change  in  a  legal  contract  with 
the  board  is  no  ground  for  discharge. 

On  March  23,  1899,  the  appellant  entered  into  a  written  contract  in  the  usual 
form  by  the  terms  of  which  he  was  to  "teach  the  high  school  and  superintend  the 
public  school"  in  the  Independent  District  of  Ocheyedan  for  the  term  of  twenty- 
four  weeks,  commencing  in  September,  1899,  and  was  to  receive  for  such  service 
the  sum  of  seventy- five  dollars  per  school  month. 

On  September  11th,  the  opening  day  of  the  term,  the  board  of  directors  at  a 
special  meeting  convened  at  the  schoolhouse  passed  the  following  resolution: 

"Whereas,  the  principal.  A.  J.  Jones,  has  refused  to  accede  to  the  request 
of  the  board  in  regard  to  the  eighth  grade  being  advanced  to  the  high  school 
room,  he  is  hereby  dismissed  as  principal  and  superintendent  of  the  Ocheyedan 
public  schools  from  this  date,  and  his  contract  is  hereby  annulled." 

From  the  order  of  the  board  appeal  was  taken  to  the  county  superintendent, 
who  affirmed  the  action  of  the  board,  and  the  appellant  now  seeks  relief  in  this 
department. 

Appellant  asks  a  reversal  chiefly  on  two  grounds,  viz: 

(1)  That  the  eighth  grade  was  no  part  of  the  high  school  and  for  that  reason 
it  was  no  part  of  his  duty  to  teacii  it. 

(2)  That  he  was  not  accorded  that  full  and  fair  investigation  contemplated  by 
the  law  as  set  forth  in  section  2782. 

These  two  points  will  be  considered  in  the  order  presented. 

1.  We  find  from  the  transcript  that  at  a  meeting  of  the  board  of  directors  held 
October  10,  1898,  the  appellant  was  requested  to  prepare  a  three  years'  course  of 
study  for  the  high  school,  and  also  a  set  of  rules  and  regulations  for  the  govern- 
ment of  the  schools. 


SCHOOL  LAW    DECISIONS.  gg 

Appellees  earnestly  contend  that  the  power  to  prescribe  a  course  of  study  and 
rules  and  regulations,  rests  with  the  board,  and  that  in  the  absence  of  delegated 
authority  to  re-delegate  such  power,  no  power  exists  to  thus  delegate,  and  any 
attempt  to  do  so  is  void.  This  question  we  need  not  determine,  as  no  action  of 
the  board  shows  that  it  attempted  to  delegate  any  authority  to  appellant. 

A  reasonable  construction  of  the  board's  action  providing  that  the  principal 
prepare  a  course  of  study,  is  that  he  might  make  such  course  as  would  in  his  judg- 
ment meet  the  needs  of  the  schools  under  his  supervision,  and  submit  his  report  to 
the  board  for  approval,  modification  or  rejection.  This  method  is  that  usually 
adopted  by  boards,  and  the  principle  has  indirectly  been  approved  by  the  supreme 
court.     ^Hall  v.  Ind.  Dist.  Aplington,  82  Iowa,  686.) 

At  a  special  meeting  of  the  board  on  October  15,  1898,  the  course  prepared  by 
appellant,  together  with  rules  and  regulations,  was  adopted,  and  according  to  the 
testimony  of  Mr.  Underhill  was,  so  far  as  completed,  printed  by  him  on  the  order 
of  the  board  in  November  following,  it  must,  we  think,  be  conceded  that  the 
board  adopted  the  course  of  study  with  suitable  regulations.  We  are  led  to  this 
conclusion  by  the  further  fact  that  the  board  on  September  11,  1899,  voted  to 
rescind  the  action  of  October  15,  1898,  in  reference  to  the  course  of  study.  The 
query  naturally  arises,  why  this  action  if  no  course  were  adopted? 

The  contract  entered  into  by  the  board  with  appellant  was  made  in  March  fol- 
lowing the  adoption  of  the  course,  and,  as  above  stated,  provided  that  he  should 
teach  the  high  school,  which,  according  to  the  classification  adopted Oc  oberI5th, 
consisted  of  the  ninth,  tenth  and  eleventh  grades. 

Did  the  board  have  the  right  to  dismiss  appellant  for  refusing  to  teach  grades 
or  classes  other  than  those  named  in  the  contract?  We  think  hot.  To  answer 
affirmatively  would  be  equivalent  to  stating  that  boards  of  directors  have  abroga- 
tive power  relating  to  contracts  with  teachers.  To  allow  them  to  repudiate  con- 
tracts and  force  other  parties  to  perform  duties  not  agreed  upon  would,  we  think, 
be  to  encourage  a  breach  of  contract  and  a  breach  of  faith. 

If  a  board  has  a  right  to  modify,  without  consent,  a  contract  to  the  extent  of 
requiring  a  principal  to  teach  an  eighth  grade  not  contemplated  when  the  contract 
was  made,  there  would  appear  to  be  no  limit;  and  a  hostile  board  could  demand 
that  a  teacher  under  contract  to  give  instruction  in  high  school  branches  should 
teach  primary  pupils,  or  vice  versa;  and  upon  failure  to  execute  in  a  satisfactory 
manner  the  demands  of  the  board,  discharge  him  for  incompetency. 

2.  This  case  differs  from  that  usually  presented.  There  are  no  charges  of 
incompetency,  inattention  to  duty,  partiality,  or  immorality.  The  testimony 
and  the  record  show  that  appellant  began  his  school  September  llih  at  the  usual 
hour  of  opening. 

The  board  of  directors  met  on  the  afternoon  of  September  11th  and  after 
rescinding  the  action  of  October  15,  1898,  whereby  a  course  of  study  was 
adopted,  ' 'adjourned  to  meet  at  the  schoolhouse  at  once."  Here  the  appellaut 
was  d  scharged  as  stated  in  the  resolution  above  given. 

Was  the  meeting  such  as  the  law  contemplates  shall  be  held  in  cases  of  this 
kind?  The  law  wisely  provides  that  a  teacher  may  only  be  discharged  after  an 
impartial  trial  held  for  that  purpose.  In  all  the  testimony  there  is  no  disagree- 
ment as  to  the  purpose  of  the  meeting.  It  was  for  the  purpose  of  getting  the 
appellant  to  modify  the  contract  by  accepting  the  eighth  grade,  and  not  for  the 
purpose  of  discharging  him.  He  was  called  into  the  presence  of  the  board  and 
informed  of  its  purpose. 

Appellant  stated  in  his  reply,  which  was  written,  and  which  he  was  asked  to 
give  at  once,  that  he  was  ready  to  fulfill  his  contract;  that  if  the  board  had 
rescinded  its  action  in  regard  to  a  course  of  study  he  would  like  to  know  what  the 
course  of  study  for  the  high  school  should  be,  and  the  duties  of  the  superintendent 


90  SCHOOL   LAW  DECISIONa 

under  the  same.  He  expressed  a  willingness  also  to  teach  even  the  eighth  grade 
for  a  reasonable  amount  of  additional  salary. 

In  view  of  this  expressed  willingness  of  appellant  to  do  that  which  seems  rea- 
sonable, we  are  unable  to  justify  the  action  of  the  board.  We  think  a  compromise 
might  well  have  been  attempted,  and  proven  at  least  reasonably  satisfactory  to 
both  parties.  The  whole  case  has  been  given  most  earnest  attention,  and  we 
cannot  find  that  appellant  was  discharged  for  good  and  sufficient  cause,  after 
that  impartial  investigation  contemplated .  His  dismissal  under  all  the  circum- 
stances revealed  by  the  record  cannot  be  approved.  Reversed. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  May  12,  1900.        Superintendent  of  Public  Instruction, 


J.  W.  Lytle  v.  School  Township  of  Washington. 

Appeal  from  Story  County. 

Independent  District  Boundaries.  It  is  mandatory  upon  the  board  of  a 
school  township  to  include  in  a  proposed  independent  district  all  of  the  territory 
within  the  corporate  limits  of  the  town. 

Incorporated  Town.  In  the  formation  of  an  independent  district  under  section 
2794  of  the  Code,  all  the  town  must  be  included  in  the  proposed  district  notwith- 
standing the  fact  that  said  town  was  formerly  located  partly  in  a  school  township 
and  partly  in  a  rural  independent  district. 

Boundaries.  The  extension  of  the  boundaries  of  a  municipal  corporation 
extends  the  boundaries  of  the  independent  district  of  said  municipal  corporation. 

On  February  17,  1900,  at  a  special  meeting  of  the  board  of  directors  of  the 
school  township  of  Washington  there  was  presented  a  petition  of  thirty-three  citi- 
zens of  the  town  of  Kelley,  asking  the  establishment  of  an  independent  district,  in- 
cluding therein  all  of  the  incorporated  town. 

After  discussion,  the  matter  was  deferred  for  a  week  in  order  that  the  board 
might  more  thoroughl)  investigate  and  obtain  an  opinion  of  the  county  superin- 
tendent, county  attorney,  and  other  unbiased  counsel,  if  deemed  necessary. 

At  the  date  fixed  the  board  met  and  established  the  boundary  lines  for  the  new 
district,  as  requested  by  petitioners. 

On  March  6,  1900,  J.  W.  Lytle,  et  al.,  appealed  from  the  order  of  the  board  to 
the  county  superintendent,  who  reversed  its  action. 

From  the  plat  submitted  it  is  shown  that  the  town  of  Kelley  is  situated  on  the 
township  line  in  the  townships  of  Washington  and  Palestine,  and  includes  the  fol- 
lowing territory: 

The  south  three-fourths  of  section  thirty-one  (31) ,  and  the  south  three-fourths 
of  section  thirty-two  (32),  west  one-half  of  section  thirty-three  (33) ,  range  thirty- 
three  (33) ,  township  twenty-four  (24) ,  in  Washington  township;  the  northwest 
quarter  (^)  of  section  four  (4),  north  one-half  (%)  of  section  five  (5),  and  north 
one-half  (K)  o^  section  six  (6),  in  Palestine  township,  range  eighty-four  (84), 
township  twenty-four  (24) . 

The  chief  point  in  controversey  is,  has  the  board  of  directors  of  a  school  town- 
ship authority  in  establishing  the  boundary  lines  of  a  proposed  independent  dis- 
trict to  include  in  the  new  district  any  part  of  the  territory  of  adjacent  rural  inde- 
pendent districts?     Generally  speaking,  such  territory  cannot  be  included. 

Section  2794  of  the  Code  provides,  however,  that  '  'upon  the  written  petition  of 
any  ten  voters  of  a  city,  town  or  village  of  over  one  hundred  residents,  to  the 
board  of  the  school  township  in  which  the  portion  of  the  town  plat  having  the 
largest  number  of  voters  is  situated,  such  board  shall  establish  the  boundaries  of 


SCHOOL  LAW  DECISIONS.  91 

the  proposed  independent  district,  including  therein  all  of  the  city,  town  or  vil- 
lage." 

The  section  clearly  indicates  that  it  is  mandatory  upon  the  board  to  include  in 
the  proposed  district  all  of  the  territory  within  the  corporate  limits  of  the  town, 
regardless  of  whether  or  not  the  territory  in  part  belongs  to  rural  independent  dis- 
tricts.    Failure  to  do  so  would,  we  think,  ba  a  plain  violation  of  law. 

It  is  true,  ?.s  held  by  the  county  superintendent  in  his  opinion,  that  no  inde- 
pendent district  may,  in  the  formation  of  a  new  district,  be  subdivided  so  as  to 
contain  less  than  four  sections  of  land,  except-  in  certain  instances  enumerated  in 
section  279S.  It  is  r.iso  true  that  *  'the  independent  district  from  which  territory  is 
detached  shall,  after  the  change,  contain  not  less  than  four  government  sections 
of  land, "  etc.  (Section  2793.)  We  are  of  the  opinion  that  these  limitations  apply 
to  the  cases  set  forth  in  the  sections  cited ,  and  are  not  applicable  when  it  is  pro- 
posed to  form  an  independent  district  containing  an  incorporated  town,  located 
largely  in  a  school  township,  and  in  adjacent  rural  independent  districts. 

On  March  23,  1899,  in  answer  to  the  question:  "Does  the  law  as  found  in 
Chapter  eighty-nine  (89) ,  acts  of  the  Twenty-seventh  General- Assembly  contem- 
plate that  'when  the  corporate  limits  of  any  city  or  town  are  extended  outside  of 
the  existing  independent  district  or  districts,  the  boundaries  of  said  independent 
district  or  districts  shall  be  also  correspondingly  extended,'  without  regard  to 
township  or  county  lines,  manner  of  organization  of  the  district  or  districts  from 
which  territory  is  taken,  or  the  condition  in  which  such  district  or  districts  will  be 
left  after  the  territory  has  been  taken?"  Hon.  Milton  Remley,  attorney-general,  in 
concluding  his  ofificial  opinion  to  this  department  said : 

'  'My  conclusion  is  that  the  extension  of  the  boundaries  of  a  municipal  corpo- 
ration made  in  the  manner  required  by  law,  extends  the  boundaries  of  the  inde- 
pendent districts  of  said  municipal  corporation,  without  any  action  on  the  part  of 
the  school  districts  or  their  officers,  and  regardless  of  the  effect  of  such  change 
upon  the  district  from  which  territory  is  taken." 

Thus  it  appears  that  while  section  2794  makes  it  the  duty  of  the  board  to  include 
all  of  the  territory  of  the  city,  town  or  village  in  the  formation  of  a  new  independ- 
ent district.  Chapter  eighty-nine  (89)  provides  for  the  enlargement  of  the 
boundaries  of  the  independent  district,  whenever  the  corporate  limits  are  legally 
extended.  So  broad  is  this  provision  that  the  extension  of  the  boundaries  of  the 
municipal  corporation,  so  as  to  include  an  entire  district  or  districts,  correspond- 
ingly extends  the  boundaries  of  the  independent  district. 

Though  the  opinion  quoted  has  special  reference  to  the  extension  of  the  boun- 
daries of  -the  municipal  corporation,  we  think  the  holding  applicable  in  the 
case  before  us. 

We  cannot  find  that  the  board  violated  law,  abused  its  discretion,  nor  acted 
with  prejudice  or  malice. 

The  decision  of  the  county  superintendent  is,  therefore,  Reversed. 

RICHARD  C.  BARRETT, 

July,  3,  1900.  Si0>eriniendent  of  Public  Instruction. 

G.  N.  Wilson  v.  Independent  District  of  Hiteman, 
Appeal  from  Monroe  County. 

Expulsion  of  Scholar.  The  board  may,  by  a  majority  vote,  expel  any  scholar 
from  school  for  immorality,  or  for  any  violation  of  the  regulations  or  rules  estab- 
lished by  the  board. 

Notice.  The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice 
or  a  chance  for  defense  before  ordering  suspension  or  expulsion. 

Action  of  the  Board.  Must  be  affirmed  in  the  absence  of  showing  of  malice, 
prejudice,  or  violation  of  law. 


92  SCHOOL  LAW  DECISIONS. 

The  majority  of  the  board  of  the  Independent  District  of  Hiteman  expelled  a 
son  of  the  appellant,  a  pupil  in  room  No.  3,  from  the  school  and  school  grounds 
for  bad  and  immoral  conduct.  From  the  action  of  the  board  appeal  was  taken  to 
the  county  superintendent  who  sustained  the  board,  and  an  appeal  is  taken  to  the 
superintendent  of  public  instruction. 

Section  2782  provides  that  the  board  may,  by  a  majority  vote,  expel  any  scholar 
from  school  for  immorality,  or  for  any  violation  of  the  regulations  or  rules  estab- 
lished by  the  board;  and  it  may  also  confer  upon  any  teacher,  principal  or  super- 
intendent the  power  temporarily  to  dismiss  a  scholar,  notice  of  such  dismissal 
being  at  once  given  in  writing  to  the  president  of  the  board. 

The  record  presented  shows  that  the  board  had  by  Rule  No.  2  conferred  upon 
the  principal  the  "power  to  suspend  any  pupil  for  repeated  disobedience;  for 
filthy  or  immoral  habits  or  language,  for  injuring  or  defacing  school  property, 
or  for  any  intentional  violation  of  the  rules."  Under  the  authority  thus  conferred, 
the  principal  did,  on  the  seventeenth  day  of  December,  1900,  notify  the  president 
of  the  board  of  the  dismissal  of  J.  Wilson,  for  conduct  unbecoming  a  pupil.  On 
the  following  day  the  board  in  special  session  sustained  the  order  of  the  principal 
"until  such  time  as  his  parents  shall  give  assurance  to  the  school  board  that  he 
will  comply  with  the  rules  of  the  school. " 

In  appealing  to  the  county  superintendent,  appellee  alleges  that  said  pupil  was 
"expelled  without  cause  and  without  legal  notice  or  chance  to  defend."  Appellant 
seems  to  have  an  erroneous  idea  regarding  the  power  of  a  board  to  dismiss  a  pupil . 
The  law  does  not  demand  that  the  board  shall  give  parents  or  pupils  notice  or 
chance  for  defense  before  ordering  suspension  or  expulsion.  The  power  to  expel  a 
pupil  is  wholly  within  the  discretion  of  the  board.  However,  the  undisputed  testi- 
mony of  the  principal  goes  to  show  that  the  father  of  the  boy  was  notified  by  a 
member  of  the  board  of  the  meeting  to  be  held  for  the  purpose  of  investigating 
the  case. 

A  careful  examination  of  the  entire  record  submitted  fails  to  reveal  that  the 
action  of  the  board  is  in  any  way  tainted  by  malice  or  prejudice,  or  that  there 
has  been  a  violation  of  law.  In  expelling  the  pupil  until  such  time  as  he  was  will- 
ing to  conduct  himself  properly  and  obey  the  reasonable  regulations  of  the  school, 
we  think  the  board  acted  in  a  very  conservative  and  proper  manner,  and  that  the 
county  superintendent  was  justified  in  sustaining  its  action. 

The  decision  of  the  county  superintendent  is  Affirmed. 

RICHARD  C.  BARRETT, 
Superintendent  of  Public  Instruction . 

Des  Moines,  Iowa,  May  27,  1901. 


Thomas  F.  Williams  v.  Independent  District  of  Barnes  City. 

Appeal  from  J^ahaska  County. 

Restoration  of  Territory.     Only  such  territory  may  be  restored  as  is  author- 
ized by  the  statute. 

Incorporated  Town.     The  territory  included  in  an  incorporated  town  may  not 
be  restored. 

Petitioners— Residence.     All   petitioners  for  restoration  must  reside  upon  the 
territory  asked  to  be  restored. 

Barnes  City  is  situated  on  the  county  line  between  Mahaska  and  Poweshiek 
counties. 

This  case  arises  from  the  refusal  of    the  board  of  directors  of  Barnes  City  in 


SCHOOL   LAW    DECISIONS.  93 

Mahaska  county  to  concur  in  the  restoration  of  territory  to  the  school  township  of 
Jackson  in  Poweshiek  county. 

On  the  fifteenth  day  of  December,  1900,  a  petition  signed  by  two-thirds  of  the 
electors  residing  upon  certain  territory  situated  in  Powes>iiek  county  was  presented 
to  the  board  of  directors  of  the  school  township  of  Jackson,  asking  that  sections 
twenty-seven  (27) ,  twenty-eight  (28) ,  thirty-three  (33) ,  thirty-four  (34) ,  township 
seventy-eight  (78),  range  fourteen  (14),  west  of  the  fifth  principal  meridian,  be 
restored  to  the  township  of  Jackson  to  which  it  geographically  belongs. 

By  resolution  duly  adopted  the  board  granted  the  request  of  the  petitioners,  and 
on  the  eighteenth  of  February,  1901,  the  superintendent  of  Poweshiek  county  con- 
curred and  approved  of  the  restoration  of  the  territory.  On  the  twenty-third  of 
February  the  petition  was  presented  to  the  board  of  directors  of  the  independent 
district  of  Barnes  City,  which  refused  to  restore  the  aforesaid  territory. 

From  this  action  an  appeal  was  taken  to  the  superintendent  of  Mahaska  county 
and  on  the  third  day  of  May  he  affirmed  the  action  of  the  board  of  directors  of  the 
independent  district  of  Barnes  City. 

Thomas  F.  Williams  now  appeals  to  this  department. 

It  is  agreed  among  other  things  that  the  Independent  District  of  Barnes  City 
was  legally  organized  by  the  vote  of  the  electors  of  the  whole  district,  there  being 
no  petition  for  a  separate  vote  by  the  electors  outside  of  the  limits  of  the  incorpo- 
rated town,  and  that  it  includes  the  following  described  territory:  "  The  south 
one-half  {)4)  of  the  southeast  one-fourth  (X)  of  the  southeast  one-fourth  (X)  of 
section  thirty-three  (33),  and  the  south  one-half  {}4)  of  the  south  one-half  {)4)  of 
the  southwest  one-fourth  C^^  of  section  thirty-four  (34)  in  township  seventy-eight 
C78) ,  range  fourteen  (14)  west  in  Poweshiek  county;  and  the  east  one-half  (>^)  of 
the  northeast  one-fourth  (X)  of  section  four  (4),  and  the  northwest  one-fourth 
(X)  of  section  three  (3)  in  township  seventy-seven  (77),  range  fourteen  (14),  in 
Mahaska  county,  comprising  the  incorporated  town  of  Barnes  City;  and  also  the 
following  contiguous  territory  outside  of  the  limits  of  said  incorporated  town:  All 
of  sections  twenty-seven  (27),  twenty-eight  (28),  thirty-three  (33),  thirty-four 
(34),  township  seventy-eight  (78),  range  fourteen  (14),  Poweshiek  county,  except 
that  part  included  in  said  Barnes  City;  and  all  of  sections  three  (3) ,  four  (4) ,  nine 
(9)  and  ten  (10) ,  in  township  seventy-seven  (77) ,  range  fourteen  (14) ,  in  Mahaska 
county,  except  that  part  included  in  said  Barnes  City;  and  also  the  east  one- 
fourth  (X)  of  section  five  (5),  and  the  east  one-fourth  {j4)  of  the  northeast  one- 
fourth  (X)  of  section  eight  (8),  in  township  seventy-seven  {77),  range  fourteen 
(14)  west,  in  Mahaska  county. 

Section  2792  under  which  this  action  arises,  provides:  "Where  territory  has 
been  or  may  hereafter  be  set  off  to  an  adjoining  school  township  in  the  same  or 
another  county,  or  attached  for  school  purposes  to  an  independent  district  so 
situated,  it  may  be  restored  to  the  territory  to  which  it  geographically  belongs  upon 
the  concurrence  of  the  respective  boards  of  directors,  and  shall  be  so  restored  by 
said  boards  upon  the  written  application  of  two-thirds  of  the  electors  residing 
upon  the  territory  so  set  off  or  attached,  together  with  a  concurrence  of  the  county 
superintendent  and  the  board  of  the  school  corporation  which  is  to  receive  back 
the  territory." 

By  this  section  two  separate  and  distinct  methods  are  provided  for  the  restora- 
tion of  territory.  The  first  method  is  left  to  the  option  of  the  board  of  directors, 
but  the  second  is  mandatory  under  certain  conditions,  and  leaves  no  discretion  to 
the  respective  boards  of  directors  if  two-thirds  of  the  electors  residing  on  the 
territory  unite  in  a  written  petition,  and  the  county  superintendent  and  the  board 
of  the  school  corporation  which  is  to  receive  back  the  territory  concur. 

In  the  case  of  the  Independent  District  of  Fairview  v.  Durland  et  a  I.,  it  was 
held  to  be  a  reasonable  and  just  requirement  for  both  boards  of  directors  to  con- 


94  SCHOOL   LAW   DECISIONS. 

cur  in  order  that  the  board  of  the  school  corporation  in  which  the  remaining  ter- 
ritory was  situated  might  properly  provide  for  and  take  charge  of  the  remaining 
territory,  and  the  children  residing  therein. 

We  find  that  the  superintendent  of  Mahaska  county  assigns  as  a  reason  for  his 
action  that  "appellants  asked  in  their  petition  for  that  of  which  a  portion  is 
expressly  denied  them  by  the  statute— that  is,  they  demand  that  defendants  shall 
restore  a  portion  of  the  incorporated  town"  of  Barnes  City  to  the  school  township 
of  Jackson. 

The  plat  submitted  shows  that  when  the  village  of  Barnes  City  was  incorpo- 
rated there  was  included  within  its  limits  three  separate  and  distinct  parcels  of 
land  in  smaller  subdivisions  than  forty  acres,  said  divisions  being  a  part  of  the 
territory  now  asked  to  be  restored  to  the  school  township  of  Jackson. 

Section  2794,  under  which  the  Independent  District  of  Barnes  City  was  formed, 
provides  that  when  the  boundaries  of  an  independent  district  are  established, 
they  shallinclude  "all  of  the  city,  town  or  village."  The  reasons  for  this  are  so 
evident  as  to  need  no  comment. 

We  think  the  county  superintendent  was  justified  in  refusing  to  consent  to  the 
restoration  of  all  of  the  territory  petitioned  for,  since  a  portion  of  it  is  necessarily 
included  in  the  independent  district  by  the  provisions  of  section  2794. 

The  one  point  in  controversy  is  whether  or  not  the  superintendent  should 
have  restored  to  the  school  township  of  Jackson,  under  the  circumstances,  all 
territory  petitioned  for,  except  that  included  within  the  limits  of  the  incorporated 
town  of  Barnes  City  in  Poweshiek  county. 

It  is  argued  by  counsel  for  appellants  that  it  is  a  familiar  rule  of  law  that 
because  petitioners  may  demand  more  than  they  are  entitled  to  is  no  reason  why 
they  should  not  be  granted  such  relief  as  they  ask  and  are  entitled  to.  This  is 
doubtless  true  as  a  general  principle,  out  in  the  case  before  us  application  for  the 
restoration  of  territory  was  signed  by  petitioners  with  the  understanding  that  all 
of  sections  27,  28,  33,  34  should  be  restored.  Since  some  of  the  territory  peti- 
tioned for  cannot  be  legally  restored  and  we  are  not  aware  whether  petitioners 
would  desire  the  restoration  of  all  of  the  remaining  territory  outside  of  the  corpor- 
ate limits  of  Barnes  City  in  Poweshiek  county,  or  a  fractional  part  of  it,  we  think 
the  decision  of  the  county  superintendent  should  be  sustained.  ''Upon  the 
written  application  of  two-thirds  of  the  electors  residing  upon  the  territory  so  set 
off  or  attached,"  must,  we  think,  be  construed  to  mean  that  all  petitioners  must 
reside  upon  the  territory  requested  to  be  restored,  and  might  in  no  case  include 
those  residing  elsewhere. 

While  this  view  of  the  case  may  necessitate  the  presentation  of  a  new  petition 
for  the  restoration  of  the  territory,  we  are  of  the  opinion,  after  having  considered 
the  case  most  carefully,  and  from  every  standpoint,  that  it  is  the  wisest  and  best; 
and  that  the  county  superintendent  was  justified  in  his  action  in  refusing  to  restore 
territory  for  which  petition  was  presented. 

His  opinion  is,  therefore,  Affirmed. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  Sept.  4,  1901.        Superintendent  of  Public  Instruction, 


H.  A.  Topping  and  Thomas  Williams  v.  School  Township  of  Union. 

Appeal  from  Van  Buren  County. 

Correction  of  Decision.  The  superintendent,  in  the  discharge  of  his  judicial 
duties,  may,  within  a  proper  time  recall  and  correct  a  decision  erroneously  ren- 
dered. 

Decision.  The  county  superintendent  is  warranted  in  rendering  a  decision  based 
upon  certain  conditions. 


SCHOOL   LAW    DECISIONS.  95 

This  case  arises  from  the  action  of  the  board  of  directors  of  the  school  township 
of  Union  in  voting  to  remove  the  schoolhouse  in  subdistrict  number  four  from  its 
present  location  to  a  site  one-half  mile  south  and  one  mile  west. 

Upon  appeal  to  the  county  superintendent  it  was  shown  that  the  children  from 
the  families  of  appellants  would  be  nearly  or  quite  two  and  one-half  miles  from 
the  schoolhouse  located  upon  the  new  site.  The  county  superintendent  remanded  the 
case  to  the  board  July  1st,  with  the  recommendation  that  it  make  provision  for  the 
schooling  of  the  children  in  adjacent  districts,  provided  they  desire  to  attend, "but 
if  that  is  not  done  we  will  be  compelled  to  reverse  the  action  of  the  board."  On 
July  16th  a  statement  signed  by  the  president  and  secretary  pro  tern,  of  the  board  of 
directors  of  Union  township  was  filed,  alleging  that  the  board  had  made  arrange- 
ments to  send  appellants'  children  to  school  in  accordance  with  the  decision.  On 
the  same  date  attorneys  were  notified  that  the  action  of  the  board  was  sustained. 
On  July  23d  counsel  for  appellants  filed  a  statement  from  the  board  of  directors  of 
the  Independent  District  of  Winchester  to  the  effect  that  "no  provision  has  been 
made  with  the  board  of  the  school  township  of  Union  for  the  schooling  of  the 
children  of  Thomas  Williams."  On  the  following  day  counsel  filed  a  motion,  ask- 
ing that  the  decision  rendered  July  16th  be  set  aside,  since  the  board  had  failed  to 
carry  out  its  provisions. 

In  passing  upon  this  motion  the  superintendent  held,  that  since  notices  had 
been  sent  to  interested  parties  that  the  action  of  the  board  was  sustained,  the  case 
was  closed  and  could  neither  be  reopened  nor  the  decision  set  aside. 

In  this  conclusion  we  think  the  superintendent  unintentionally  erred.  In  the 
case  of  Desmond  v.  the  Independent  District  of  Glenwood^  71  Iowa,  page  23,  the 
supreme  court  held: 

"The superintendent  of  public  instruction,  in  the  discharge  of  his  judicial 
duties,  has  the  power  to  correct  mistakes  in  rendering  judgments  in  a  case  before 
him  possessed  by  all  courts  and  judicial  officers.  Jf,  through  mistake,  he  should 
announce  a  decision  differing  from  the  decision  actually  rendered,  he  possesses 
the  power  to  recall  such  an  announcement,  and  publish  the  decision  correctly;  or 
if,  mistakenly,  he  should  render  a  decision,  he  could,  before  rights  had  been 
acquired  under  it,  and  within  a  proper  time,  upon  discovering  the  mistake, 
recall  it  and  decide  rightly."  We  think  that  the  county  superintendent  has  the 
same  power. 

By  the  provisions  of  section  2774  the  board  of  directors  has  power  to  contract 
with  boards  of  other  school  townships  or  independent  districts  for  the  instruction 
of  children  who  live  at  an  unreasonable  distance  from  their  own  school;  and  we 
think  thj  county  superintendent  was  warranted  in  rendering  a  decision  based 
upon  certain  conditions. 

The  case  is  remanded  to  him  with  the  suggestion  that  he  reopen  the  same,  and 
give  all  parties  interested  the  opportunity  to  show  clearly  and  definitely  that  there 
has  or  has  not  been  a  compliance  with  the  decision. 

If  such  showing  is  not  made  within  a  reasonable  time  it  is  recommended  that 
he  make  such  decision  as  to  him  appears  just  and  equitable,  after  taking  into  con- 
sideration the  geographical  position,  number  and  convenience  of  pupils.  From 
the  decision,  any  party  aggrieved  will  have  the  right  to  appeal.  Remanded. 

RICHARD    C.  BARRETT, 
Superintendent  of  Public  Instruction . 

Des  Moines,  Iowa,  November  13,  1901. 


96  SCHOOL   LAW   DECISIONS. 

August  Peterson  v.  School  Township  of  Elk  River. 
Appeal  from  Clinton  County, 

Transportation  of  Pupils.  Discretionary  with  the  board  of  directors,  and  may 
not  be  demanded  as  a  right  simply  because  the  children  reside  more  than  one  mile 
and  a  half  from  school. 

Reasonable  Distance.  Not  determined  by  the  laws  of  the  state,  but  by  circum- 
stances and  conditions. 

This  case  arises  from  the  refusal  of  the  board  of  directors  of  the  school  town- 
ship of  Elk  River  to  transport  to  school  a  child  of  the  appellant  who  resides  a  little 
over  two  miles  from  the  school  in  subdistrict  number  one,  in  which  he  lives,  and 
one  and  seven-eighth  miles  from  a  school  in  subdistrict  number  two. 

At  the  March  meeting  of  the  boaid  of  directors,  1901,  the  president  of  the  board 
upon  motion  appointed  a  committee  of  three  to  investigate  conditions  in  subdis- 
trict number  one,  and  to  report  to  the  board  at  the  September  meeting  regarding  the 
advisability  of  transporting  children  to  school  in  subdistrict  number  one.  At  thj 
Septeiiiber  meeting  the  committee  reported  that  in  its  opinion  it  would  be  inadvisa- 
ble, since  the  children  in  other  districts  traveled  distances  equally  as  great. 

Upon  appeal  the  county  superintendent  reversed  the  action  of  the  board,  and 
held  that  a  reasonable  interpretation  of  the  law  fixes  one  mile  and  a  half  and 
greater  distances  as  unreasonable  distances  for  children  to  attend  school. 

E.  C.  Forest  appeals  to  this  department. 

The  right  to  provide  for  the  transportation  of  children  to  the  public  schools  is 
:onferred  by  statute,  whenever  there  will  be  a  saving  of  expense  and  children  will 
also  thereby  secure  increased  advantages.  The  transportation  of  children  is,  how- 
ever, discretionary  with  the  board,  and  may  not,  we  think,  be  demanded  simply 
for  the  reason  that  children  reside  more  than  one  mile  and  a  half  from  a  school. 

If  in  a  township,  schools  were  provided  for  every  four  sections  and  the  same 
were  located  two  miles  apart,  and  the  population  were  equally  distributed,  one- 
fourth  of  the  school  population  of  each  district  would  be  more  than  one  and  one- 
half  miles  distant  from  the  school.  ' 

For  this  department  to  hold  that  all  children  residing  more  than  one  and  one- 
half  miles  from  a  schoolhouse  live  at  an  unreasonable  distance  from  school,  and 
that  therefore  boards  of  directors  may  be  compelled  to  transport  them,  would  be 
to  establish  a  precedent  far-reaching  in  its  effects,  and  one  which  would  entail 
needless  expense  upon  the  school  corporations  of  the  state. 

How  far  a  child  shall  travel  in  order  to  reach  a  public  school  has  not  been 
determined  by  the  laws  of  this  state.  It  seems  to  have  been  the  purpose  of  the 
law-making  body  to  leave  the  distance  that  children  shall  travel  to  be  determined 
by  the  board,  and  to  be  governed  by  conditions.  The  question  of  reasonable  dis- 
tance is  one  affected  by  many  different  circumstances,  with  respect  to  which  no 
definite  rule  of  law  has  been  laid  down. 

In  the  case  before  us  it  is  very  e.vident  that  the  board  considered  the  request  of 
appellant  after  having  secured  all  possible  information,  and  its  action  should,  we 
think,  have  been  affirmed.  Since  the  distance  to  the  school  in  the  adjoining  dis- 
trict is  not  so  great,  we  think  the  board  should  grant  to  the  appellant  the  privilege 
of  sending  to  the  same,  should  he  desire  to  do  so. 

The  decision  of  the  county  superintendent  is  Revfrsed. 

RICHARD    C.  BARRETT, 
Superintendent  of  Public  Instruction, 

Des  Moines,  Iowa,  March  6,  1902. 


INDEX   TO   APPEAL    CASES.  97 


INDEX   TO  APPEAL  CASES 


Pagb. 

Abuse  of  Discretion.  The  board  may  not  substitute  its  own  discretion  for 
the  clearly  expressed  instruction  of  the  electors 68 

Action  of  Board.  Must  be  affirmed  in  the  absence  of  showing  of  malice, 
prejudice,  or  violation  of  law.. _ 92 

Affidavit.  An  affidavit  is  a  statement  in  writing  of  the  errors  complained  of, 
signed  and  made  upon  oath  before  an  authorized  magistrate S 

The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors  complained 
of  with  such  clearness  that  the  proper  transcript  may  be  secured 6 

A  technical  error  in  the  affidavit  not  prejudicial  to  either  party  will  not  defeat 
the  appeal .^ 45 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial  to  the  rights 
of  anyone  interested _ 52,  61 

Must  be  accepted  if  sufficient  to  give  the  appellant  a  standing 61 

Appeal.  An  appeal  may  be  taken  from  the  refusal  of  the  county  superintend- 
ent to  investigate  charges  brought  against  a  teacher 12 

A  case  whose  main  purpose  is  to  determine  the  valitiity  of  an  order  on  the  dis- 
trict treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on  appeal  to 
the  county  superintendent 14 

Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the  terms  of 
a  contract  previously  made,  nor  from  an  action  authorizing  the  issuance  of 
an  order  in  payment  of  a  debt  contracted  by  previous  action  of  the  board....    14 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters  within 
their  control,  is  mandatory;  from  such  action  of  the  board  no  appeal  can 
be  taken.  If  such  action  is  tainted  with  fraud,  an  application  to  a  court  of 
law  is  the  proper  remedy 17 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the  decision 
or  order  complained  of.  Ordinarily  a  person  living  in  one  subdistrict  can- 
not appeal  from  an  action  of  the  board  locating  a  site  in  another 18 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old  school- 
house  site,  is  an  action  from  which  appeal  may  be  taken 19 

The  action  of  two  boards  upon  a  subject  over  which  they  have  divided  control 
constitutes  a  concurrent  action,  and  appeal  may  be  taken  only  from  the 
order  of  the  board  taking  action  last 26 

May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board 28 

The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  technical  forms 
and  customs  which  prevail  in  the  courts 37 

Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  superintendent, 
where  concurrence  is  provided  for 40 

An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change  in  bounda- 
j  ries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is  necessary 
to  effect  the  change 41 

Where  changes  are  effected  in  district  boundaries  by  the  concurrent  action  of 
two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurring, 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action 
first 41,  49 

May  be  taken  from  the  action  of  the  board  in  laying  the  subject-matter  of  a 
petition  on  the  table ~ - 58 


98  INDEX    TO    AFFKAL    CAsES. 

Pag", 

Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record 5S 

Mere  technical  objections  should  not  prevent  the  fullest  presentation  of  the 
merits  of  the  case,  in  the  trial  of  an  appeal 61 

Will  not  lie  from  joint  action  of  boards  making  settlerasnt  of  assets  and  liabil- 
ities     67 

The  superintendent  of  public  instruction  may  not  entertain  an  appeal  unless 

thirty  days'  notice  of  such  appeal  has  been  served  upon  the  adverse  party    69 
Should  be  conducted  with  fairness  and  impartiality 79 

The  law  does  not  require  the  filini?  of  a  bond  for  costs  or  the  giving  of  secur- 
ity therefor  as  a  condition  necessary  to   perfect   an  appeal 84 

It  is  the  evident  intent  of  the  law  to  make  it  possible  for  aggrieved  parties 
to  have  a  hearing  with  the  lea->t  possible  delay  and  annoyance,  and  at  the 
lowest  expense 84 

An  appeal  may  be  taken  from  the  decision  of  the  board  to  place  a  petition  on 
the  table 87 

Attendance.  An  actual  resident  may  not  be  denied  equal  school  advan- 
tages with  other  residents 57 

Board  of  Directors.  The  board  shall  be  sustained  in  all  legitimate  and 
reasonable  measures  to  maintain  order  and  discipline,  to  uphold  the  right- 
ful authority  of  the  teacher,  and  to  prevent  or  suppress  insubordination  in 
the  school 15 

If  in  the  selection  of  a  site  the  board  violates  law  or  abuses  its  discretionary 
power,  its  action  may  be  reversed  on  appeal 17 

The  board ,  though  not  bound  by  a  vote  of  the  electors  directing  the  precise 
location  of  a  schoolhouse  site,  is  required  to  so  locate  it  as  to  accommodate 
the  people  for  whom  it  is  designed 17 

The  action  of  the  board  cannot  be  reversed  upon  the  allegations  of  appellant 
without  proof,  or  by  reason  of  failure  to  make  defense 19 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just,  and  should 
be  affirmed  unless  proof  is  brought  to  show  the  contrary 19 

The  acts  of  the  board  must  be  presumed  to  be  regular  and  should  be  affirmed 
unless  positive  proof  is  brought  to  show  the  contrary 21 

Its  action  is  presumed  to  be  correct  and  for  the  interest  of  the  district,  until 
proved  to  be  otherwise 51 

Has  full  power  to  provide  and  enforce  a  course  of  study 56 

May  adopt  its  own  course  to  decide  the  question  of  actual  residence 57 

In  locating  a  site  the  board  acts  wisely  in  taking  into  consideration  the  pre- 
vailing sentiment  of  the  people 59 

In  exercising  its  power  in  a  semi-judicial  capacity,  the  board  should  be  able  to 
show  the  very  best  reasons  for  its  conclusions 63 

It  is  the  first  duty  of  the  board  to  co-operate  with  and  assist  the  teacher  in  the 
conduct  of  the  school 63 

Is  required  by  the  law  to  visit  the  school  and  to  aid  and  sustain  the  teacher 
in  maintaining  order  and  discipline 66 

The  board  is  bound  to  carry  out  the  vote  of  the  electors  in  the  matter  of  open- 
ing roads   to  schoolhouses 68 

A  teacher  cannot  be  discharged  by  the  board,  except  after  a  full  and  fair 
investigation 71,  72 

The  board  of  directors  of  a  school  corporation  have  no  jurisdiction  over  chil- 
dren after  the  termination  of  the  school  year 81 

Pupils  may  be  expelled  by  the  board  for  immorality,  violation  of  the  regula- 
tions and  rules  established  by  the  board,  or  when  their  presence  is  detri- 
mental to  the  best  interests  of  the  school 81 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other  than 
those  named  in  the  contract 88 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice  or  a 
chance  for  defense  before  ordering  suspension  or  expulsion 91 

The  board  may,  by  a  majority  vote,  expel  any  scholar  from  school  for  immor- 
ality, or  for  any  violation  of  the  regulations  or  rules  established  by  the  board     91 


INDKX  TO  APPEAL  CASES.  99 

Pack. 
The  transportation  of  pupils  is  discretionary  with  the  board  of  directors,  and 
may  not  be  demanded  as  a  right  simply  beciuse  the   children  reside  more 
than  one  mile  and  a  half  from  school 96 

Bond  for  Costs.  The  law  does  not  require  the  filing  of  a  bond  for  costs  or 
the  giving  of  security  therefor  as  a  condition  necessary  to  perfect  an  appeal    84 

Boundaries.     Must  conform  to  congressional  divisions  of  land 28 

Of  subdistricts,  changed  between  September  and  March 29 

In  the  determination  of  district  and  subdistrict  boundaries,  temporary  expend- 
itures and  individual  convenience  should  be  subordinated  to  the  more 
important  considerations  relating  to  simplicity  of  outline,  compactness  of 
shape,  uniformity  of  size,  and  permanence  of  sites  and  boundaries 46 

The  boundaries  of  a  proposed  independent  district  organized  under  the  provi- 
sions of  section  2794  of  the  code,  must  include  all  of  the  city,  town,  or 
village,  and  also  such  contiguous  territory  as  is  petitioned  for  by  a  majority 
of  the  resident  electors 74,  90 

The  extension  of  the  boundaries  of  a  municipal  corporation  extends  the 
boundaries  of  the  independent  district  of  said  municipal  corporation 90 

Certificate.  The  county  superintendent  may  refuse  to  entertain  a  petition 
for  the  revocation  of  a  teacher's  certificate 12 

The  county  superintendent  is  charged  with  the  responsibility  of  refusing  to 
issue  a  certificate  to  any  person  unle=5S  fully  satisfied  that  the  applicant  pos- 
sesses the  essential  qualifications  demanded  of  teachers  by  the  law 38 

The  county  superintendent  is  his  own  judge  as  to  how  fully  he  will  give  the 
applicant  reasons  for  the  refusal  of  a  certificate 38 

The  decision  of  a  county  superintendent  refusing  a  certificate  will  not  be  inter- 
fered with  on  appeal  unless  it  appears  that  he  acted  from  passion  or  preju- 
dice  38,  85 

The  county  superintendent  should  require  proof  that  the  applicant  for  a  certifi- 
cate possesses  good  moral  character,  unless  he  has  personal  knowledge  of 
the  same 85 

The  county  superintendent  is  fully  justified  in  refusing  a  certificate  to  an  appli- 
cant who  fails  to  furnish  satisfactory  evidence  of  good  moral  character 85 

Certiorari.    A  fraudulent  or  illegal  action  may  be   corrected  by  application 

to  a  court  for  a  writ  of  certiorari 17 

Charges.    Must  be  clearly  sustained  by  the  evidence 30 

Claims.    Just  claims  against  the  district  can  be  enforced  only  in  the  courts....     11 
Contested  Election.    The   proper  method   of  determining  a  contested  elec- 
tion for  school  director  is  by  an  action  brought  in  the  district  court 8 

Contract.     It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity 

of  a  contract - 57 

A  refusal  of  the  teacher  to  agree  to  a  change  in  a  legal  contract  with  the  board 
is  no  ground  for  discharge : 88 

Correction  of  Decision.  The  superintendent,  in  the  discharge  of  his  judicial 
duties,  may,  within  a  proper  time,  recall  and  correct  a  decision  erroneously 
rendered 94 

Contract.  Made  by  a  committee  require  the  approval  of  the  board  in  ses- 
sion      11 

Costs  of  Appeal.  Before  an  appeal  from  the  order  of  the  county  superintend- 
ent taxing  costs  can  be  entertained  by  the  superintendent  of  public  instruc- 
tion, a  motion  to  retax  such  costs  should  be  filed  with  the  county  superin- 
tendent     69 

The  law  does  require  the  filing  of  a  bond  for  costs  or  the  giving  of  security 
therefor  as  a  condition  necessary  to  perfect  an  appeal 84 

The  fact  that  the  selection  of  a  new  site  would  involve  the  expenditure  of 
money  for  improvements,  etc. ,  should  not  unduly  influence  the  board  when 
such  site  is  suitable  and  in  the  geographical  center  78 

County  Attorney.  It  is  not  only  wise  but  in  conformity  with  law  for  the 
county  superintendent  to  consult  the  county  attorney  before  deciding  an 
appeal °^ 


100  INDEX  TO   APPEAL   CASES. 

Pag«. 

County  Superintendent.  Has  no  jurisdiction  of  an  appeal  until  an  affidavit 
is  filed  in  his  office.     The  appeal  must  be  taken  by  affidavit 5 

The  weight  that  properly  attaches  to  the  discretionary  actions  of  a  tribunal 
vested  with  original  jurisdiction,  does  not  apply  to  the  decisions  of  an 
inferior  appellate  tribunal 19 

May  make  a  conditional  ruling,  by  which  his  own  decision  will  be  governed 23 

The  county  superintendent  is  not  limited  to  a  reversal  or  affirmance  of  the 
action  of  the  board,  but  he  determines  the  same  questions  which  it  had 
determined 23 

A  county  superintendent  should  not  ask  the  state  superintendent  to  decide  a 
case  on  appeal  for  him,  but  may  ask  for  an  interpretation  of  law,  either  by 
the  state  superintendent,  or  through  him,  by  the  attorney-general 27 

Does  not  have  the  power  to  interpret  the  legal  value  of  a  contract 57 

Should  reverse  the  action  of  the  board  only  upon  the  clearest  and  most  explicit 
proof  of  abuse  or  discretion 59 

Unless  a  marked  abuse  of  discretionary  power  is  clearly  and  conclusively 
proved,  his  action  in  refusing  or  revoking  a  certificate  will  not  be  inter- 
fered with  on  appeal 60 

On  appeal  may  do  no  more  than  the  board  might  have  done 65 

Should  dismiss  an  appeal  as  soon  as  it  becomes  certain  that  the  leading  issue 
may  be  heard  and  decided  only  by  a  court  of  law 67 

The  county  superintendent  has  only  appellate  jurisdiction  and  should  sustain 
the  action  of  the  board  unless  it  is  clearly  shown  the  board  violated  or  abused 
its  discretion - 72 

On  appeal  the  county  superintendent  can  make  such  order  touching  bounda- 
ries as  the  board  should  have  made 74 

Has  large  discretionary  power  in  the  matter  of  issuing  or  withholding  certifi- 
cates, and  his  decision  will  not  be  reversed  unless  it  is  clearly  shown  that  he 
was  prompted  by  prejudice  or  ill-will,  or  acted  with  manifest  injustice 85 

He  may  refuse  to  enroll  such  persons  as  members  of  the  normal  institute  as  he 
has  reason  to  believe  are  morally  deficient 85 

He  should  require  proof  that  the  applicant  for  a  certificate  possesses  good 
moral  character,  unless  he  has  personal  knowledge  of  the  same 85 

He  may,  within  a  proper  time,  recall  and  correct  a  decision  erroneously  ren- 
dered     94 

He  is  warranted  in  rendering  a  decision  based  upon  certain  conditions 94 

Discharge  of  Teacher.  A  teacher  cannot  be  discharged  by  the  board  except 
after  a  full  and  fair  investigation 71 

The  teacher  is  entitled  to  a  reasonable  time  to  prepare  for  and  make  defense....     71 

The  action  of  the  board  in  discharging  a  teacher,  after  a  full  and  fair  investi- 
gation, will  not  be  reversed  unless  it  is  clearly  shown  that  the  board  vio- 
lated law,  abused  its  discretion,  or  acted  with  manifest  injustice ^ 72 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other  than 
those  named  in  the  contract 83 

Discretionary  Acts.  Should  not  be  disturbed  except  upon  evidence  of 
unjust  exercise  of  discretion 5 

The  decision  of  the  authority  having  original  jurisdiction  is  entitled  to  much 
consideration 12 

Suggestions  from  the  electors  upon  matters  entirely  within  the  control  of  the 
board  will  in  no  manner  prevent  the  fullest  exercise  of  the  discretion  vested 
in  the  board  by  the  law 25 

Abuse  of  discretion  is  not  established  by  testimony  showing  that  a  different 
action  would  have  been  preferred  by  the  electors 29 

Action  by  the  board  unduly  delaying  the  final  consideration  of  an  important 
matter,- may  be  regarded  as  an  evidence  of  prejudice 33 

In  the  exercise  of  discretion,  the  benefit  of  every  reasonable  doubt  must  be 
given  in  favor  of  the  correctness  of  official  acts 37 

Unless  a  marked  violation  of  the  large  discretion  vested  in  the  county  superin- 
tendent is  proved  clearly  and  conclusively,  his  action  in  refusing  or  revok- 
ing a  certificate  will  not  be  interfered  with  on  appeal _ _ 38 


INDEX  TO    APPEAL    CASES.  101 

In  the  absence  of  proof  that-  the  board  has  abused  the  authority  given  it  by  the 
law,  its  orders  will  not  be  set  aside,  although  another  decision  might  to 
many  seem  preferable. 48 

It  is  not  the  province  of  an  appeal  to  discover  and  to  correct  a  slight  mistake. 
The  board  alone  must  bear  any  blame  that  may  attach  to  a  choice  deemed 
by  appellants  somewhat  undesirable,  but  not  an  unwise  selection  to  such  a 
degree  as  to  indicate  an  abuse  of  the  discretion  ordinarily  exercised 48 

To  warrant  interference  with  a  discretionary  act,  abuse  of  discretion  must  be 
proved  beyond  a  reasonable  doubt ;. 48 

In  the  determination  of  appeals,  the  weight  which  properly  attaches  to  the  dis- 
cretionary actions  of  a  tribunal  vested  with  original  jurisdiction  should  not 
be  overlooked 51 

The  fact  that  some  other  action  would  have  been  desirable  or  preferable  does 
not  establish  that  the  board  abused  its  discretion 51 

The  order  complained  of  is  reviewed  not  to  discover  the  desirability  of  the 
action,  but  to  determine  whether  sound  reason  and  wise  discretion  were 
followed 51 

The  order  of  a  board  should  be  reversed  only  upon  the  plain  showing  that 
the  law  has  been  violated  or  discretion  grossly  abused 56 

An  appellate  tribunal  is  not  to  decide  mainly  whether  the  action  complained 
of  was  wise,  or  the  best  that  might  have  been  taken,  but  simply  whether  a 
reversal  is  required  by  the  evidence 62 

The  board  may  not  substitute  its  own  discretion  for  the  clearly  expressed 
instruction  of  the  electors 68 

Transportation  of  pupils  is  discretionary  with  the  board  of  directors,  and  may 
not  be  demanded  as  a  right  simply  because  the  children  reside  more  than 
one  mile  and  a  half  from  school 96 

District  Organization.  The  county  superintendent  has  no  jurisdiction  to 
determine  the  validity  of  district  organization 29 

Election.  The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the  legal 
evidence  of  election  as  subdirector,  and  as  a  general  rule  a  board  of  direct- 
ors is  justified  in  declining  to  recognize  a  person  as  a  member  of  the  board 
until  he  produces  such  certificate 8 

The  boundaries  of  a  proposed  independent  district  having  been  fixed,  it  is  the 
d-ity  of  the  board  to  give  notice  of  a  meeting  of  the  voters  of  the  territory 
included  in  the  proposed  district ; 74 

Electors.  The  electors  are  the  sole  and  final  judges  of  the  desirability  of  a 
separate  organization „ ~ 74 

Evidence.  Where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  can  be  substituted  only  if  the  writing  cannot  be  pro- 
duced       8 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive  testimony 
must  be  introduced,  and  the  evidence  must  be  conclusive 72 

Existing  School.  The  order  expelling  a  scholar  must  be  from  an  existing 
school.*  The  scholars  relationship  with  the  school  is  severed  when  the 
school  year  has  closed  and  vacation  has  begun 81 

Expenditure  of  Money.  When  money  is  voted  by  the  electors  for  a  specified 
purpose,  or  where  they  couple  certain  directions  with  their  vote  when 
authorizing  the  expenditure  of  money,  such  directions  or  vote  may  not  be 
disregarded  by  the  board 86 

Expulsion  of  Pupils.  Pupils  may  be  expelled  by  the  board  for  immorality, 
violation  of  the  regulations  and  rules  established  by  the  board  or  when  their 
presence  is  detrimental  to  the  best  interests  of  the  school 81,  91 

The  order  expelling  a  scho'ar  must  be  from  an  e>^isting  school 81 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice  or  a 
chance  for  defense  before  ordering  suspension  or  expulsion 91 

Hearing.  If  the  county  superintendent  cannot  hear  testimony  for  parties  at 
the  time  set  for  hearing,  he  should  give  the  parties  ample  time  later  to 
mike  a  clear  and  full  presentation  of  their  cause 79 

Highway.  If  possible,  every  schoolhouse  site  should  be  upon  a  public  high- 
way   — 23. 


102  INDEX  TO  APPEAL  CASES. 

Page. 
Independent  District.    The   boundaries    outside    the    town    plat    depending 
upon  the  petition  of  the  electors,  such   boundaries  may  noic  be  fixeJ  until 
petitioned  for 65 

The  provision  of  section  2794  of  the  code,  requiring  the  board  of  a  school 
township,  upon  proper  petition,  to  establish  the  boundaries  of  a  proposed 
independent  district,  is  mandatory ^ 74 

In  the  formation  of  an  independent  district  under  section  2794  of  the  code,  all 
the  town  must  be  included  in  the  proposed  district  notwithstanding  the  fact 
that  said  town  was  formerly  located  partly  in  a  school  township  and  partly 
in  a  rural  independent  district - 90 

Injunction.  The  execution  of  a  fraudulent  vote  of  the  electors  may  be  pre- 
vented by  a  writ  fiom  a  court  of  law 13 

Janitorial  Services.  If  a  teacher  serves  as  janitor  in  sweeping  the  room 
and  building  fires,  he  should  be  paid  from  the  contingent  fund  for  such 
services 2G 

Jurisdiction.  An  application  for  an  appeal  filed  within  thirty  days  from  the 
act  complained  of  will  not  give  the  county  superintendent  jurisdiction  of  the 
case 5 

The  county  superintendent  does  not  have  jurisdiction  of  cases  involving  a 
money  demand 10 

The  county  superintendent  has  jurisdiction  only  of  the  matter  to  which  the 
appeal  relates 18 

An  appeal  will  not  lie  to  enforce  a  contract ....     26 

A  former  order  of  the  board,  or  a  decision  of  the  county  superintendent  on 
appeal,  will  not  operate  to  prevent  the  board  from  exercising  its  discretion 
anew,  when  good  reasons  exist  for  sujh  action 37 

In  most  matters  with  which  boards  have  to  do  under  the  law,  their  authority 
and  responsibility  are  absolute,  and  their  jurisdiction  is  complete  and 
exclusive .1 37 

The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than  that  of  the  board 
from  whose  action  the  appeal  is  taken 42 

When  Its  order  is  affirmed,  the  board  is  left  free  to  take  another  action,  if 
thought  best 48 

In  change  of  boundaries  by  two  boards,  an  appellate  tribunal  acquires  only 
the  same  power  possessed  by  the  board  from  whose  action  appeal  is  taken, 
and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse  and  do  what 
the  board  refused  to  do 49 

It  is  very  undesirable  to  bring  matters  involving  a  money  consideration  before 
the  county  saperintendent  on  appeal 67 

The  board  of  directors  of  a  school  corporation  have  no  jurisdiction  over  children 
after  the  termination  of  the  school  year 81 

Majority  Vote.    Of  whole  board  required  to  change  subdistrict  boundaries..    29 

Mandamus.  Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  th'e  elec- 
tors     11 

To  compel  the  performance  of  an  official  duty,  appeal  sometimes  consumes 
valuable  time.     Mandamus  is  often  a  more  speeay  and  better  remedy 33 

Should  the  board  fail  to  give  the  notice  of  election  required  by  section  2794  of 
the  code,  they  may  be  compelled  to  do  so  by  mandamus 74 

Moral  Character.  The  county  superintendent  should  require  proof  that 
the  applicant  for  a  certificate  possesses  good  moral  character,  unless  he  has 
personal  knowledge  of  the  same 85 

The  county  superintendent  may  refuse  to  enroll  such  persons  as  members  of 
the  normal  institute  as  he  has  reasons  to  believe  are  morally  deficient 85 

The  •  county  superintendent  is  fully  justified  in  refusing  a  certificate  to  an 
applicant  who  fails  to  furnish  satisfactory  evidence  of  good  moral  character    85 

Hew  Questions.  Questions  not  raised  at  the  hearing  before  the  county 
superintendent,  nor  before  the  superintendent  of  public  instruction  at  the 
time  the  appeal  was  heard  by  him,  cannot  be  considered  for  the  first  time 
un  an  application  for  a  rehearing 11 


INDEX   TO   APPEAL   CASES. 


103 


Page. 
Normal  Institute.    The   county  superintendent   may   refuse   to  enroll   such 
persons   as   members  of  the  normal  institute  as  he  has    reason  to  believe 
are  morally  deficient  35 

Notice.  The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  the  transcript  of  the  district  secretary  has  been  filed 5 

Appearance  at  the  trial  is  a  complete  waiver  of  notice 42 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice  or  a 
chance  for  defense  before  ordering  suspension  or  expulsion !...    91 

Oral  Argument.  The  failure  of  counsel  for  appellee  to  present  oral  argu- 
ment, after  being  informed  of  the  hearing,  will  not  justify  a  reopening  of 
the  case  83 

Petition.  A  petition  may  be  used  to  bring  to  the  attention  of  ths  board  the 
kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with  equal 
directness  without  such    request 49 

All  petitioners  for  restoration  must  reside  upon  the  territory  asked  to  be 
restored 92 

Proceedings.  The  regularity  of  all  the  proceedings  will  be  presumed  upon. 
This  is  true  in  an  especial  sense  when  the  records  are  more  than  usually 
complete 42 

Punishment.  In  applying  correction,  the  teacher  must  exercise  sound  discre- 
tion and  judgment  and  should  choose  a  kind  of  punishment  adapted  not 
only  to  the  offense,  but  to  the  offender ; .- 14 

The  puaishment  of  a  pupil  with  undue  severity,  or  with  an  improper  instru- 
ment, is  unwarrantable,  and  may  serve  in  some  degree,  to  indicate  the 
animus  of  the  teacher 14 

The  right  of  the  parent  to  restrain  and  coerce  obedience  in  children  applies 
equally  to  the  teacher,  or  to  any  one  who  acts  in  Loco  parentis IS 

Public  Boad.  .  The  board  is  bound  to  carry  out  the  vote  of  the  electors  in  the 
matter  of  opening  roads  to  school  houses ' 68 

duo  Warranto.  The  remedy  of  a  person  denied  possession  of  an  office  to 
which  he  has  been  chosen,  is  an  action  in  court 8 

Reasonable  Distance  to  School.  Not  determined  by  the  laws  of  the  state, 
but  by  circumstances  and  conditions 96 

Records.  In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict 
or  impeach  the  records  of  the  district  cannot  be  received 6 

The  board  may  at  any  time  amend  the  record  of  the  district,  when  necessary 
to  correct  mistakes  or  suppiy  omissions.  And  it  may  upon  proper  showing 
be  compelled  by  mandamus  to  make  such  corrections 6 

The  record  of  the  secretary  shall  be  considered  as  evidence,  and  cannot  be 
invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  falsehood 26 

Records  not  made  and  certified  to  by  the  proper  officers  as  required  bylaw  are 
defective  and  may  be  impeached  by  collateral  evidence 30 

The  official  record  is  its  own  best  evidence.  Testimony  intended  to  contradict 
the  record  should  not  be  admitted _ 30 

The  record  of  the  secretary  must  be  considered  as  evidence,  unless  there  is 
proof  of  fraud  or  falsehood [ 42 

Rehearing.    To  warrant  a  rehearing,  some  valid  reason  must  be  urged 35 

To  obtain  a  rehearing  the  necessity  must  be  clearly  shown  37 

The  application  for  a  rehearing  will  be  denied  unless  sufficient  reasons  have 
been  presented  warranting  a  change  in  the  former  opinion 11 

To  warrant  the  superintendent  of  public  instruction  in  granting  a  rehearing  it 
must  be  shown  that  some  very  serious  error  has  been  made 83 

Remanding  of  Cases.  When  the  evidence  discloses  that  the  action  of  the 
board  was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to  deter- 
mine what  should  be  done,  the  case  should  be  remanded  to  the  board 22 

Restoration  of  Territory.  The  refusal  of  a  board  of  directors  of  an  inde- 
pendent district  to  concur  in  the  restoration  of  certain  territory  may  not  be 
reversed  except  when  clearly  shown  that  such  relusal  was  an  abuse  of 
discretion  80 


204  INDEX   TO   APPEAL   CASES. 

Pagh. 

TvUles  and  Kegulations.  Boards  of  directors  and  their  pgents,  the  teachers, 
may  establish  reasonable  rules  for  the  government  of  their  schools 15 

Open  violation  of  the  rules  cannot  be  shielded  from  investigation  under  the 
plea  that  it  invades  the  rights  of  conscience 15 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment  in  the 
school  or  to  degrade  the  teacher 15 

The  teacher  has  the  right  to  require  a  pupil  to  answer  questions  which  tend  to 
elicit  facts  concerning  his  conduct  in  school 15 

In  establishing  and  enforcing  regulations  for  the  government  of  scholars  the 
board  has  a  large  discretion 32 

The  burden  of  proof  is  with  the  appellant  to  show  that  a  rule  is  unreasonable    56 

Salary  of  Teachers.  The  control  of  salaries  is  wholly  within  the  power  of 
the  board  and  cannot  be  determined  by  rn  appe&l,  because  it  is  not  within 
the  jurisdiction  of  county  or  state  superintendent  to  order  the  payment  of 
money 24 

The  salary  of  teachers  should  be  in  proportion  to  their  ability  and  responsi- 
bility, and  not  equal  when  these  differ  materially 24 

School  Funds.  The  treasurer  is  the  proper  custodian  of  all  funds,  and  may 
legally  pay  them  out  only  upon  orders  specifying  the  fund  upon  which  they 
are  drawn  and  the  specific  use  to  which  they  are  applied 11 

The  courts  of  law  alone  can  furnish  an  adequate  remedy ,  if  the  law  has  been 
violated  and  the  money  of  the  district  has  been  misappropriated 14 

Schoolhoiise.  The  board  may  legally  remove  a  schoolhouse  from  one  sub- 
district  to  another  only  by  vote  of  the  electors 13 

When  the  debtors  have  voted  to  remove  a  schoolhouse  from  one  subdistrict  to 
another  the  board  must  execute  such  vote,  and  from  its  action  in  so  doing 
no  appeal  can  be  taken.. 13 

There  is  no  limitation  in  law  as  to  the  number  of  scholars  to  be  accommodated, 
in  order  that  the  board  may  provide  a  schoolhouse 46 

Schoolhouse  Site.  It  is  important  that  a  schoolhouse  site  be  located  on  a 
public  road,  and  as  near  the  center  of  the  subdistrict  as  practicable 11 

Subdistrict  boundaries  cannot  be  changed  in  an  appeal  relating  solely  to  locat- 
ing a  site,  nor  can  a  site  be  located  with  the  expectation  that  boundaries  will 
be  changed  unless  such  intention  of  the  board  is  shown 18 

The  action  of  a  committee  appointed  by  the  board  to  locate  a  site  is  of  no  force 
until  officially  adopted  by  the  board  while  in  session 18 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight  in  determin- 
ing the  selection  of  a  site,  when  such  selection  becomes  necessary,  but  not 
in  securing  the  removal  of  a  schoolhouse  now  conveniently  located ...21,  50 

To  make  a  distinction  between  the  children  of  freeholders  and  those  of  tenants 
in  determining  the  proper  location  for  a  schoolhouse,  is  contrary  to  the 
spirit  and  intent  of  our  laws 21 

The  necessities  of  the  present  must  be  observed  in  locating  schoolhouse  sites, 
in  preference  to  the  probabilities  of  the  future 22,  50 

The  location  of  a  schoolhouse  can  be  dependent  upon  a  change  of  boundaries 
only  when  it  is  shown  in  evidence  that  it  is  the  definite  and  positive  inten- 
tion to  make  such  a  change 23 

A  schoolhouse  site  fixed  by  county  or  state  superintendent  affirming  the  dis- 
cretionary act  of  the  board,  allows  the  board  to  exercise  its  discretion 
again,  especially  if  material  changes  have  occurred 25 

The  endeavor  to  show  regard  for  the  expressed  wishes  of  the  electors  in  the 
choice  of  a  site  will  be  an  added  reason  in  support  of  the  action  of  the 
board 25 

Proper  location  of,  depends  upon  form  of  subdistrict _ 28 

Every  dwelling  house  must  be  taken  into  account,  as  some  one  entitled  to 
school  advantages  may  hereafter  reside  there 35 

When  it  is  the  evident  intention  of  the  board  to  relocate  the  site  as  near  as  pos- 
sible in  the  center  of  the  subdistrict,  in  order  to  furnish  equal  school  facili- 
ties to  all  the  residents,  its  action  should  not  be  materially  interfered  with..     35 

It  is  not  the  province  of  an  appeal  to  determine  which  of  two  sites  is  the  better    54 


INDEX    TO    APPEA^L  CASES.  105 

Page. 

When  purchased  need  not  necessarily  be  upon  a  highway „ 62 

Other  things  being  equal,  a  site  in  the  geographical  center  of  the  district  should 
be  chosen 78 

In  the  location  of  a  schoolhouse  site  the  board  is  justified  in  considering  the 
wishes  of  a  majority  of  the  people  as  indicated  in  the  vote  upon  the  issuance 
of  bonds 86 

School  Orders.     When    impi^perly   issued,  a    proper  remedy  is  injunction....     10 

School  Privileges.  Are  not  acquired  by  temporary  removal  into  a  district 
lor  the  purpose  of  attending  school 10 

The  law  is  to  be  construed  in  the  interest  of  the  child.  The  actual  residence 
ot  the  scholar  at  the  time  will  establish  the  right  to  attend  school  free  of 
tuition 45 

Are  not  guaranteed  children  elsewhere  than  in  the  district  of  their  residence 52 

Attendance  in  another  district  depends  upon  the  board  of  that  district,  and 
must  therefore  be  regarded  as  a  contingency 52 

To  the  fullest  extent  possible,  the  board  should  equalize  the  distance  to  be 
traveled  to  school 52 

Sc  ools.  The  wealthier  portions  of  the  community  should  aid  their  neigh- 
bors in  sustaining  good  schools 24 

Special  Meeting,  a  meeting  of  the  board,  railed  for  the  specific  purpose 
and  of  which  the  teacher  was  not  served  with  due  and  proper  notice,  could 
not  legally  discharge  such  teacher  71 

A  teacher  may  not  be  discharged  at  a  special  meeting  called  for  the  purpose 
of  securing  a  modification  of  his  contract 88 

Subdir  ctor.  The  subdirector  may  expend  money  in  his  subdistrict  only  in 
tne  manner  authorized  by  the  board 11 

Subdistrict.  A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 
public  fund ■. : 11 

Subdistrict  Boundaries.  The  acts  of  a  board  changing  subdistrict  bound- 
aries and  locating  schoolhouses  are  so  far  discretionary  that  they  should  be 
affirmed  on  appeal,  unless  it  is  hhown  beyond  a  doubt  that  there  has  been 
an  abuse  of  discretion 19 

A  case  involving  a  change  of  subdistrict  boundaries,  having  been  adjudicated 
by  the  county  superintendent  reversing  the  action  of  the  board,  and  being 
affirmed  by  ihe  superintendent  of  public  instruction,  cannot  again  be 
brought  upon  appeal,  unless  it  can  be  shown  that  some  change  materially 
affecting  the  conditions  of  the  case  has  taken  place  since  the  date  of  the 
former  decision 34 

A  subdistrict  long  established,  embracing  a  territory  having  sufficient  number 
of  scholars  to  maintain  a  good  school,  should  not  be  abolished,  unless  the 
general  school  facilities  of  the  township  will  be  improved  thereby 34 

In  champing  subdistrict  boundaries,  both  the  present  and  the  future  welfare  of 
the  district  township  should  be  considered  34 

Tne  boundaries  of  subdistricts  may  be  changed,  or  new  subdistricts  formed, 
only  at  the  regular  meeting  of  the  board  in  September,  or  at  a  special 
meeting  held  before  the  following  March 44 

When  an  action  has  been  reversed  by  the  county  superintendent,  and  that 
decisfon  affirmed  by  the  superintendent  of  public  instruction,  the  board 
cannot  act  again  until  a  material  change  has  taken  place  62 

Subdistricts.  Should  be,  if  possible,  compact  and  regular  in  form.  In  well 
populated  district  townships,  two  miles  square  is  considered  a  desirable 
area 11,  46 

It  is  very  important  that  subdistricts  should  be  regular  in  form,  and  that 
where  it  is  possible,  schoolhouses  should  be  located  at  or  near  geographical 
centers 46 

The  board  should  be  encouraged  in  forecasting  a  general  plan  looking  toward 
an  ultimate  regularity  in  the  form  of  subdistricts 46 

Teacher.  The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 
ciirector  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of 
the  school _ 20 


106  INDEX   TO   APPEAL   CASES. 

Page. 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the  courts 
of  law  will  afford  him  a  speedy  and  adequate  remedy;  when  discharged  for 
incompetency,  dereliction  of  duty  or  other  cause  affecting  his  qualifications 
as  a  teacher,  he  has  the  right  of  appeal 20 

The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial  trial,  with 
sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers 30 

In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the  interests 
of  the  district  and  to  seek  the  welfare  of  the  school,  as  well  as  to  regard  the 
rights  guaranteed  to  the  leacher 42 

As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect  to 
rece-ve,  the  official  assistance  and  advice  of  the  board 47 

The  law  insures  the  teacher  a  fair  and  impartial  trial,  before  he  may  be  dis- 
charged     47 

A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance  and  advice 
of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the  proper 
conduct  of  his  school.. 63 

It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher  that  no 
one  should  be  discharged  except  after  thorough  invest 'gation  and  the 
clearest  pooot.  If  possiole,  the  teacher  should  be  shielded  from  the  Sitigma 
of  discharge 63 

Full  opportunity  must  be  afforded  the  teacher  to  make  defense  aga  nst  charges    66 

Should  not  employ  unsuitable  and  unusual  methods  of  punishment 66 

A  teacher  cannot  be  discharged  by  the  board,  except  after  a  full  and  fair 
investigation 71 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other  than 
those  named  in  the  contract 88 

Territory.  Where  territory  is  to  be  transferred  by  concurrent  action  of  two 
boards  to  the  district  to  which  it  geographically  belongs,  a  majority  of  the 
members  elect  is  not  necessary,  as  required  for  the  change  of  subdistrict 
boundaries 26 

All  territory  must  be  included  within  some  school  district 28 

*  The  refusal  of  a  board  of  directors  of  an  independent  district  to  concur  in  the 
restoration  of  certain  territory  may  not  ho  reversed  except  when  clearly 
showu  that  such  refusal  was  an  abuse  of  discretion 80 

Only  such  territory  may  be  restored  as  is  authorized  by  the  statute 92 

All  territory  must  be  contiguous  to  the  district  to  which  it  belongs 49 

Testimony.  Unless  obviously  immaterial,  testimony  offered  should  be  admit- 
ted and  given  such  weight  as  it  merits 5 

At  the  hearing  of  an  appeal,  it  is  competent  for  the  county  superintendent, 
upon  his  own  motion,  to  call  additional  witnesses  to  give  testimony 6 

New  testimony  can  be  introduced  only  when  the  facts  materially  affecting  the 
case  could  not  have  been  known  before  the  trial 22 

To  be  legal  must  be  given  under  oath 29 

Sufi&cient  latitude  should  be  allowed  in  the  introduction  of  testimony  to  permit 
a  full  presentation  of  the  issues  involved,  even  if  irrelevant  testimony  is 
occasionally  admitted 35,  61 

Opinions  unsupported  by  facts  do  not  become  satisfactory  evidence 51 

If  selfish  or  othei  improper  motives  are  complained  of,  the  testimony  must 
show  such  facts  conclusively... 54 

Time.  The  time  in  which  to  take  the  initiatory  steps  to  form  an  independent 
district  is  not  fixed  by  the  statute 74 

Transportation  of  Pupils.  Discretionary  with  the  board  of  directors,  and 
may  not  be  demanded  as  a  right  simply  because  the  children  reside  more 
tnan  one  mile  and  a  half  from  school 96 

Tuition.  To  enable  the  district  in  which  the  children  reside  to  collect  tuition, 
all  the  requirements  of  the  law  must  first  be  fulfilled 40 

Failing  to  substantiate  a  claim  to  residence,  a  nonresident  may  attend  school 
only  upon  such  terms  as  the  board  deems  just  and  equitable 57 


JU    OOO/^ 


KJ    '■- 


UNIVERSITY  OF  CAIvlFORNIA  IvIBRARY 


